TRUSTEES ADOPT DRUG TEST POLICY

San Marcos CISD Board Members unanimously approved a policy that lays out
specific details for the random drug testing of students,

It will be implemented in the 2004-2005 school year.

After nearly a month and a half of "ironing out" a working procedure,
policy committee member Joe Castillo said that he's confident in the
committee's final product.

"We made a lot of necessary changes," Castillo said. "The main complication
we had is that we couldn't go to the Texas Association of School Boards for
a policy, because we're entering new territory with drug testing."

Castillo said the committee met three times in April and a couple of other
times in May to write, rewrite and edit the now approved policy.

The policy states that all district students in grades 7-12 who choose to
participate in a competitive extracurricular activity will be tested at
random - not once a month as previously proposed.

Specific activities are not listed, but a definition of "competitive
extracurricular activity" is given in the policy. Attorney Bob Ramirez, who
has worked with the district in developing the policy, said that this was
to eliminate the problem of having to revisit the policy as activities are
added and amended.

Also listed in the policy is the 'rationale' for testing, which in brief,
recognizes the district's awareness of an increased drug problem at the
schools.

Though the policy committee, which consists of board members Castillo, Judy
Allen, Peter Baen and several staff members, wished to scratch this portion
of the policy, Ramirez noted this as a defense mechanism for future
confrontations.

"If you're challenged on this policy, one of the first questions asked by
the judge will be 'what was the reason for drug testing?'" Ramirez said. "I
want to be able to articulate that in the policy later on if we do respond
to a challenge."

Before a student may be allowed to participate in any competitive activity,
written consent from the student and guardian is required. The district
says it will employ drug screening services through an independent
laboratory and all testing will be conducted by a qualified lab personnel
and/or district designee.

Board president Barrie Breed questioned this because of the possibility of
a parent not wishing to have district involvement in the testing.

"I don't want someone coming in and saying 'well, the coach probably did so
and so to his test,'" Breed said.

However, Superintendent Sylvester Perez said that this stipulation would
allow some of the staff to work with the "logistics" of the testing.

If a student tests positive, a Medical Review Officer (MRO) will contact
the parent or guardian within one school day of having received the result.
If unable to contact the guardian, the district would step in and provide
assistance in locating him or her, according to the policy.

Any student refusing to submit a test if picked at random will be
considered to have tested positive.

A first positive test results in guardian notification, a conference with
the principal, counseling at the parent's expense and additional testing on
the next three random testing dates.

However, if the student is "educationally disadvantaged" as defined by
Texas Education Code section 5.001, meaning if the student is eligible for
free or reduced price lunch program, the district shall provide appropriate
substance abuse education.

A second offense includes suspension from all performances and competitions
for a period of not less than 30 days. Also, a student will be required to
submit to testing on the next six testing dates.

A third offense includes a one calendar year suspension. Finally, a fourth
positive test results in a suspension from the activity for the remaining
time in his or her attendance in the district. However, that student may
apply for consideration of reinstatement from the superintendent.

Among substances that could potentially be tested are amphetamines,
barbiturates, cocaine, marijuana, alcohol, hallucinogens, opiates,
phencyclidine and steroids.