Drug Testing For High School Extracurricular Participants:
A Proactive Approach

A Research Project
Masters Program in Athletic Administration
Ohio University
Athens, Ohio

The following article is a compilation of research on drug-testing issues and strategies in high school athletic programs. This investigation was conducted by a committee of graduate students enrolled in the Ohio University Master’s Program in Athletic Administration. Information contained in this article was presented to the faculty and the 13-member class in December 2003 during the NFHS National Conference of High School Directors of Athletics in Indianapolis.

Court Findings that Support Drug Testing for High School Extracurricular Participants
Two U.S. Supreme Court decisions have clearly established that involuntary, random drug testing does not abridge the Fourth Amendment rights of high school students who participate in extracurricular programs. These are:

  1. Vernonia School District 47J v. Acton (1995)
  2. Pottawatomi County v. Earls (2002)

In both cases, the court ruled that students who participate in a voluntary extracurricular activity may be subject to random suspicionless drug-testing.

Court Findings That Support Drug Testing of Students who Drive to and from School
The court has also held that student-athletes or those who enjoy a special privilege (e.g., driving on campus) may be subject to testing as noted in:

  1. Joye v. Hunterdon Central Board of Education (U.S. Supreme Court, 2003)
    This case upheld the testing policy at Hunterdon Central, which applies to students involved in athletics, other extracurricular activities and to students with driving privileges.
  2. Joy v. Penn-Harris-Madison School Corporation (U.S. 7th Circuit Court, 2000)
    The finding in this case affirmed the school system’s drug-testing policy not only for students who participate in athletics and extracurricular activities, but also for all students who drive to school. The drug-testing policy was instituted in 1998. Students sued school officials for violation of their Fourth Amendment protection against unreasonable searches and warrants. In response, the U.S. Supreme Court upheld the policy of the PHM school board because of the legal principle of “stare decisis” — a court decision to honor its own previous decisions on similar issues

Schools as Advocacy Agencies

Although drug testing of extracurricular participants has been upheld by the U.S. Supreme Court, there are numerous political and logistic issues that must be resolved before recommending that an education governance board or administration approve implementation.

The intent of any school is to provide a safe, healthy and productive learning environment for its students. In general, successful drug-testing programs are not intended to catch and convict students. Instead, they are generally instituted to help deter initial student usage, intervene the continued use of illegal drugs and identify those students who may benefit from referral to appropriate drug education, counseling and treatment agencies. In many school prevention and intervention procedures, law enforcement is not part of the overall process. Seen in this light, drug prevention and intervention programs are more closely allied with the concept of community heath enhancement.

Within every community, the use of illegal drugs is a concern. As a proactive measure, school leaders must be provided evidence of a local need to take a coordinated approach to education and intervention. Research of best practices suggests that a program should be designed to include instruction drawn from contemporary scientific information. In addition, prevention efforts should be based on a model of informed and responsible decision-making. When drug-testing intervention is incorporated, emphasis should be given to the primary goals of a testing program: student-need assessment, counseling and improvement of the general health and safety of enrolled students.

Seek Approval Through Orientation of Decision-Makers

An overview of various arguments that persuaded the U.S. Supreme Court to support involuntary drug testing for extracurricular activities centered on student advocacy and intervention of drug usage. In this regard, education decision-makers must understand the important considerations that led other school districts to initiate research of the issue and begin a drug-prevention/intervention program. In all cases, an expression of public concern preceded local drug testing and intervention decisions.

For example, in Vernonia, Oregon, parents expressed concerned about student drug use and contacted school officials to see what could be done to intervene usage by student-athletes.

In Derry, Pennsylvania, key factors that led to community support for implementation of a high school drug-testing program for athletes were:

  1. Team captains expressed suspicion that teammates were using marijuana after communicating with certain teammates.
  2. Coaches noticed athletes making uncharacteristically mental and physical mistakes while practicing and competing.
  3. Coaches noticed that athletes demonstrated an uncharacteristic poor attitude and work ethic in practice and competition.
  4. Athletes, suspected of drug abuse, demonstrated a decrease in overall school work ethic along with their general enthusiasm and physical appearance.

Local Committee Research

With two supportive U.S. Supreme Court decisions as a foundation, motivated citizens or school officials should seek permission to gather anecdotal and survey data on local high school drug usage. In this regard, research findings further indicate that concerned citizens and/or school officials should ask the education governance board or superintendent for approval to organize a committee or task force to conduct local research and make research-based recommendations.

Committee Development and Purpose

If approved at the governance level, it is further recommended that the local research committee be selected to represent a cross section of the school-community. In addition, it is suggested that 10-15 members be actively solicited and appointed for their abilities to provide insight concerning the opinions of a variety of constituents.

Specifically, the drug prevention program committee should include representatives from the following sectors: parents, extracurricular participants, local police, the student assistance (drug and alcohol) coordinator, guidance counselor, teachers, coaches, members of the governance board, legal counsel, physicians, the school or district athletic director and senior administration. By including representatives of diverse community factions, the committee will gain credibility as it debates issues of concern. This committee would also be able to discuss and resolve volatile issues at a committee level without widespread community dissent or media distortion.

Local Data Collection

To enhance the decision-making process, it is recommended that data be collected from student surveys. Such surveys would be used to produce statistics concerning drug use and practices among the local student population. NOTE: If school personnel wish to conduct student surveys concerning drug usage and opinions, state law may require written parent permission before conducting the survey.

Data sources may include, but are not limited to longitudinal research studies of high school student drug use by the University of Michigan, local school drug usage data including student discipline records, police reports, student and parent survey data and expressions of concern by students, parents and staff.

An overview of successful drug intervention programs throughout the nation, suggests that a local district Drug Testing Committee (DTC) be commissioned to address four issues. These are:

  1. Exploration and discussion of concerns and issues expressed by local residents. With a diverse, local membership, positions that support or oppose a drug-prevention and testing program can be well-represented.
  2. To review any legal precedents related to drug prevention and testing programs.
  3. To determine whether formal surveys or data collection can be useful to local decision makers.
  4. To examine and make recommendations about potential drug prevention programs that emphasize education and awareness as preventive methods and that also use drug testing as an intervention strategy.

Although Court-Supported, Drug-Testing is Controversial

An important but controversial component of drug prevention programs today is the use of a drug test as an intervention mechanism. The committee would be charged to review both the positive and negative arguments on this issue and make a recommendation concerning local implementation based on the history of successful programs throughout the nation and the need established from local survey data.

Typical Arguments in Support of Drug Testing

In support of random drug testing of students involved in extracurricular activities, some argue that it is a valuable tool that helps students reject peer pressure. Rather than succumbing to pressure, a student can use the possibility of random drug testing as a reason not to participate in an illegal activity. As importantly, a random drug test can be a valuable intervention tool for educators, because it facilitates identification of students who may have a dependence problem. Finally, a random drug test can foster goodwill within the community. It sends a message to the community that school leaders are working to educate and monitor students about drug dependence and, when necessary, intervene harmful usage patterns.

Typical Arguments Against Drug Testing

There are several arguments typically used to oppose random drug tests as a component of a drug prevention program. Some argue that there may be a reduction of student participation in activities because potential athletes and other extracurricular participants will refuse to be tested. Others point to a potential loss of class time in order to participate in the testing program. Still others point to the significant cost of the testing and the additional pressures that will be placed on an already-stressed budget.

Cite Successful Programs

One of the strongest arguments that can be raised to support drug testing is evidence of the deterrent effect testing programs can have over time. In this regard, the results of a New Jersey school district may be illustrative.

In 1997, the Hunterdon Central Regional High School in Flemington, New Jersey, conducted a survey of student drug use prior to implementing a program of random drug testing of athletes. The survey gathered information about student drug and alcohol usage, including frequency and intensity patterns.

Following the 1997 survey, Hunterdon Central implemented mandatory random drug testing for all student-athletes. Annually, approximately half the Hunterdon student body participates in athletics. Prior to implementing random testing, the school also had a student counseling and education program and conducted drug searches. In 1999, the survey was conducted again. The only variable within the school’s “reasonable-belief” anti-drug program was the introduction of random testing.

The 1999 survey data indicated showed that student usage declined in 20 of the 28 categories of drug usage evaluated by the survey. As a dramatic example, athlete-usage rates decreased by 55.6 percent.

Data Analysis and Proposing the Program

After local research has been completed and data analyzed, it is recommended that the local task force committee meet with senior administration officials and the local governance board to review the findings. If the data are supportive, the committee may recommend that the governance board approve institution of a local drug prevention and intervention program. Once approved by the governance board, orientation programs for enrolled students, school personnel and the larger community are next steps.

Educating the Community

An overview of successful programs indicates that leaders of these programs have typically invited all enrolled high school students and their parents to a school information meeting through use of a board-approved informational mailing. Additionally, interested community members have been invited to a subsequent open community meeting at which the drug prevention and intervention program was explained and concerns addressed.

When contemplating educational efforts, it is important to involve the local media in a proactive manner. Media releases and interviews should place emphasis on the fact that the program is not intended to be punitive, but rather, provide assistance to students while giving them a valid reason to say “No.” The committee’s consistent focus must be on the educational and preventive benefits. If questions are raised about the testing program, responses should focus on this procedure as a mechanism to enhance intervention of student dependence and to refer them for professional assistance. A parallel emphasis should be directed to the school district’s efforts to help students resist peer pressure through the use of random testing procedures.

Logistics of a Drug Prevention-Intervention Program

When a Board of Education determines that it will institute a drug prevention/intervention program, the designated research committee must also gather information and make recommendations concerning several logistical issues. In the following section, several operational issues are cited and sample response methods used in schools throughout the nation are outlined:

  1. Drugs to Be Tested
    Through the use of a urinalysis sample, the drugs tested typically include: amphetamines, barbiturates, cocaine, benzodiazepines, methadone, opiates, phenycyclidine, propoxyphene, marijuana and alcohol. To a large extent, the drug-testing protocol selected may be limited by existing budget funds. Adding steroids to the testing protocol may increase the cost significantly.
  2. Collection, Custody and Transportation of the Samples
    A certified nurse from the local drug-testing agency or a school nurse or female and male staff member may conduct the sample collections. The services of the private-sector nurse are typically specified in a contract with the testing company. The athletic director may be required to serve as a monitor of the athletes in the nurse’s office. The nurse or athletic administrator may also be required to transport all collected samples in a tamper-resistant package to the drug-testing agency for evaluation. In some cases, samples are sent to the agency by registered mail (return receipt required). Take note that additional costs accrue as a function of mailing.
  3. Testing Procedure
    Students are typically randomly chosen by a computer program available from the drug-testing agency or a program in use at the local school. Athletes are usually chosen only during their current sport season and multiple-sport athletes may be chosen during each of the seasons in which they participate. Those students who drive to school remain in a “pool” that may be selected at any time during the school year. As long as student drivers have an active decal, they are subject to testing, along with students who are currently active in extracurricular activities. If students are participants of a currently active extracurricular program, the advisor submits a roster to the testing agency or the cognizant school administrator which then becomes part of the computer database
    .
    In one setting, students are called to the main office during homeroom period and are accompanied by the athletic director to the nurse’s office to meet a certified nurse. The students complete a chain of custody form that the drug-testing agency provides for the student to sign prior to testing. Specimen containers, provided by the testing agency, are distributed to each student to collect their sample. Once the student produces a sample, the temperature is recorded and the container is sealed with tamper-evident tape and is initialed by the donor. The sample is then placed in a sealed transport bag and then double-sealed in a transport box. Each athlete produces a urine sample privately (or in some cases, witnessed by a same-gender attendant) using the bathroom in the nurse’s office. If a student is not available for testing (due to absence from school) their name will be added to the list for the next test date.
  4. Cost of Testing
    Before a school implements a drug-testing program, a major concern is the cost of the program. Testing methods used to screen for various drugs are the primary factors that determine cost. There are two methods of testing. These are immunoassay (or radioimmunoassy [RIA]), used for initial testing of many drugs and Gas Chromatograhy-Mass Spectrometry (GC-MS), used to test for steroids and to confirm any positive tests. The cost for an immunoassy-screening package is approximately $20 to $50, adding an additional $10 per substance if alcohol, tobacco, and/or LSD are to be tested. The GC-MS test is more expensive, ranging between $80 and $120, because the test can detect steroid use where the RIA cannot.

Beating the Tests — What You Need to Know

The local school or district must be prepared for the unexpected when drug testing a group of high school students and athletes. There have been incidents wherein students have added salt, Visine, bleach or vinegar to alter their samples. In addition, some students have ingested large quantities of water to dilute their collected samples. Additionally, students have been known to leave behind cups of their clean urine in the bathroom stall for drug-using friends.

Prescreened urine can be purchased from online suppliers. The “clean” urine comes in a bag that can be concealed under clothing and conveniently heated to body temperature. Web sites also advertise materials to change the molecular configuration of a collected sample. The neutralizing additive is completely untraceable unless specific tests are performed.

Still another Web site offers products to render urine and hair drug tests ineffective by flushing out the urinary tract within a few minutes to an hour. Synthetic urine is also sold on this same Web site with a full explanation and diagram of how to conceal and use it during a drug-testing session.

New government guidelines and testing procedures require all laboratories to perform a specimen integrity check before testing for drugs. The labs are no longer looking just for marijuana and other illicit drugs, but also for additives, dilution, and for masking and flushing products. With specific testing, all these products are detectable and will result in a failed drug-test report.

Some drug-test kits suggest strip searches to make ensure that students do not carry products to distort test results. The Ohio University graduate research committee would not concur with this recommendation, because of the extreme likelihood of a lawsuit for invasive search. Instead, thorough education, communication with parents and extracurricular participants, and careful monitoring are safer avenues to follow.

Defraying Costs

Drug-testing programs can put a great strain on already tight school district budgets. School personnel who have rejected implementation of a drug-testing program indicated that high costs were the sole reason for not initiating a program. Some schools that have dropped programs have done so for the same reason.

Schools leaders, team members and parent support groups who are serious about deterring the use of drugs should work with the community at large to raise funds, while also researching federal funding to help defray drug-testing costs.

In the following section, various funding methods are suggested:

  1. In one case, a local medical clinic reduced its normal $35.50 test charge to $17 in order to accommodate a local school district initiative. In that district, the high school football team engaged in fund-raising to subsidize the reduced cost of testing. As a result, the football team drug-testing program was instituted at no cost to the school district.
  2. An opportunity to fund a drug testing program is the “Empowering Parents to Fight Drugs Act of 1999.” The act empowers school districts by allowing them to implement a drug testing program tailored to specific needs. This act authorizes the Secretary of Education to provide matching grants to local education agencies interested in developing and implementing random drug testing programs. School districts would have flexibility to create a drug-testing program to fit their needs and to work with outside resource agencies to implement a program of drug-testing. This legislation also requires that any drug testing should minimally screen for marijuana, amphetamines, PCP, opiates and cocaine.

    Additional provisions of this legislation include:
    a. Drug-testing may be instituted for all students in grades 7-12.
    b. Parents shall be informed in detail about the random drug-testing program, including notification to their right to withdraw their child from participation.
    c. Each local education agency shall have contracting authority with outside sources to implement the drug-testing program.
    d. A drug test shall include drug screening for marijuana, amphetamines, PCP, cocaine and opiates
    e. Funds will primarily be used for drug testing. However, excess funds may be used for secondary tests, drug detection, more comprehensive screening (steroids for instance) and the use of drug-sniffing dogs when deemed necessary.
    f. Parents will receive the positive results of any drug test.
    g. Local education agencies shall make a good-faith effort to keep all students’ test results confidential.
    h. Each local education agency shall provide for a medical review officer who shall receive all the testing results, inform parents of positive results and inform parents of community resources that are available for drug education and rehabilitation.
  3. The 1999 “Parental Consent Drug Testing and Counseling Act” authorizes grants to support local drug-testing programs. This act requires 50 percent of grant awards be used for local school testing. In addition, 50 percent of the grant funds must be used to provide counseling services to high school students who test positive. The bill authorized $1 billion each year for five years.
    Some provisions of the Act:
    a. The test results go to school officials and then a designated school district medical review officer.
    b. Test results go from the medical review officer to the parents, along with information about counseling or rehabilitation resources.
    c. School officials would be notified in the event of there is a second positive result.
    d. Law enforcement is barred from the results.
  4. Private corporations have begun to assist schools with the drug testing campaign, but there are some strings attached. Roche Diagnostic Systems, the leader in drug testing, contributed $100,000 to schools for testing purposes with hopes of creating more demand. They recently engaged in a telephone campaign to over 10,000 school administrators.
  5. Coca-Cola has also joined in the campaign for drug testing. The local Coca-Cola bottling company in Frankfort, Ohio, sponsors the drug-testing program at Adena High School. In exchange for the sponsorship, the school has signed a 10-year contract that Coca-Cola will be the exclusive vendor of soft drinks.

Discipline of Extracurricular Participants

Schools vary in the application of disciplinary penalties for extracurricular participants. A common theme persists when parents and/or students refuse testing. The student is generally declared ineligible for activity participation until he/she submits to testing and produces a drug-free test. The U.S. Supreme Court has held that this prohibition does not violate a student’s property right to a free, public education, because of the voluntary nature of extracurricular participation.

When an active student-participant tests positive for illegal substances, responses vary from no discipline pending successful assessment and counseling by a trained staff member to minimal penalties for first violation. More stringent discipline is generally instituted for subsequent violations. In all cases, the reasons for student discipline remain confidential.

Conclusion

School or school district leaders who are considering a drug prevention and testing program for extracurricular participants and student drivers should NOT engage in drug tests simply because it has the support of two U.S. Supreme Court decisions. To do so may elicit a community perception that the education governance board and senior administrators are aloof, uncaring and arrogant.

As an alternative strategy, research suggests that the emphasis should be given to education and prevention as proactive themes. Testing is introduced as a comprehensive approach to deterring drug usage while promoting a healthy and safer school-community environment. For that reason, it is strongly recommend that a local school committee or task force begin by conducting research to demonstrate evidence that local parents, coaches and students are concerned about a continuing pattern of observed incidents. In this way, school and drug-testing committee officials demonstrate compliance with the Fourth Amendment by providing evidence to support a “reasonable belief” that drug use is commonplace among student drivers, athletes and other extracurricular participants within their school and/or community.

It is further recommended that results from high schools that have successfully conducted drug-testing programs as a long-term deterrent to continuing student usage be demonstrated to governance boards and local education leaders school.

Random drug testing has proven effective as one component of a comprehensive program to prevent and intervene student drug usage. It is hoped that the research-based information contained in this article will provide a catalyst for local school or district considerations, discussions and planning.

References

Periodicals

  1. University of Michigan, “Monitoring the Future National Results on Adolescent Drug Use: Overview of Key Findings 2002, 2003”
  2. FBI, Uniform Crime Reports, Crime in the United States, annually.
  3. Hill, D. “Acing the Test”, Athletic Management, October/November 2003
  4. Yamaguchi, Ryoko “Relationship Between Student Illicit Drug Use and School Drug-Testing Policies”, Journal of School Health Vol. 73, No. 4, April 2003

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Ohio University Graduate Research Committee:

Claire Baggesen Cranston, Rhode Island
Jeannette Bruno Howell, New Jersey
Tom Esposito, Latrobe, Pennsylvania
Kevin Griffin, Snoqualmie, Washington
Kolleen McNamee, Sacramento, California