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 JCABBC
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JCABBC Breath Alcohol Testing  (See JDDA, JDD)  
                           
        In order to protect the health and safety of students and others, and recognizing the District’s custodial and tutelary responsibility for its students,  efforts are necessary to prevent students from attending school and school-sponsored activities after having consumed alcoholic beverages. Consumption of alcoholic beverages by students poses a serious threat not only to the consuming student’s well-being, but also to the well-being of the entire school community and others. Therefore, the following procedures involving the use of breathalyzers shall apply in the Lawrence Public Schools.

        Procedures During the Normal School Day or at School-sponsored Events (Excluding Dances and Prom)
        
        Administrators may determine possible student alcohol consumption without the aid of a breath alcohol testing device by facts which give rise to reasonable suspicion of such use, including the observation of one or more of the following indicators:

•       Slurred speech

•       Unsteady gait

•       Impaired motor control

•       Flushed face

•       Smell of intoxicating liquor on breath, clothing or person

•       Vomiting

•       Unruly conduct

        If the administrator has reason to believe that a student has consumed alcohol, based on one or more of the above indicators, or other reasonable indicators, the administrator shall require the student to submit to passive breathalyzer testing by a trained District employee designated by the Superintendent to conduct such testing, and the test shall be conducted in privacy and in the presence of an administrator.

        If the passive breathalyzer test is positive, then an active breathalyzer test will be administered in privacy by a trained District employee in the presence of an administrator.

        If the active test is positive, indicating the consumption of alcohol, the student may request additional testing which will be two additional tests taken at least two minutes apart. If the student does not request additional testing, or if either of the additional tests is positive, (1) the parent or guardian shall be notified and requested to take the student home; (2) emergency help shall be called if the student is assessed to be at risk for alcohol poisoning or in need of medical assistance; and (3) disciplinary action may be taken as indicated by Board policy, administrative regulations, or the school handbook, including possible suspension or expulsion from school, and/or being barred from participation in specified school-sponsored activities. The blood alcohol content (BAC) of all active breathalyzer tests will be documented and retained by District administrative personnel.

        If the test is negative:

•       The student will be allowed to resume activity if the administrator   does not suspect the use of other drugs, or unless other disciplinary rules apply to the student’s conduct.

•       If the administrator suspects the use of other drugs, policy JDDA Drug Free Schools shall apply.

•       The student’s parent or guardian will be notified that the breathalyzer was administered.

If a student who is suspected of having consumed alcohol refuses the breathalyzer test:

•       The administrator will notify parents or guardian to pick up the student and shall detain the student until the parent or guardian arrives.

•       The administrator may consider the refusal and all other evidence to determine whether or not the student has consumed alcohol and may discipline the student in the same manner as if the student tested positive.

        If any student suspected of having consumed alcohol leaves the scene against an administrator’s request:

•       Police will be contacted immediately.

•       The parent or guardian shall be notified.

•       Disciplinary action may be taken as indicated by Board Policies JDD or JDDA or in administrative regulations, or the school handbook.

        If a student on school property or at a school-sponsored activity is detained or taken into custody by law enforcement personnel and in connection therewith tests positive under law enforcement personnel breathalyzer testing, disciplinary action against the student may be taken under Policy JDD.

        Special Procedures at High School Dances and Prom

1.      All school students upon entering the school building or premises   where any school-sponsored dance, including the school Prom, is held will be required to take an initial passive alcohol breath test by use of a portable breath alcohol tester.  This test will by administered by trained District personnel designated by the Superintendent.  

2.      Should alcohol be detected on the breath of a student by the passive test, the student will be directed to a screening area for additional breath testing using an active breathalyzer.  The screening area will be in a room or area where the student can be tested without the process being witnessed by other students.  Trained District personnel designated by the Superintendent will administer the active breathalyzer testing in the presence of an administrator.

3.      If the active breathalyzer reading is positive, indicating the consumption of alcohol, the student may then request additional testing which will be two additional tests taken at least two minutes apart.  If the student does not request additional testing, or if either of these additional tests is positive, the student will NOT be admitted to the event and the student’s parent or guardian will be notified and requested to take the student home.  The blood alcohol content (BAC) of all active breathalyzer tests will be documented and retained by District administrative personnel.

4.      If the student has tested positive and the parent or guardian cannot be reached, a District school administrator will keep the student at school (or the location where the event is taking place) until arrangements can be made to get the student home safely. This may include calling the Lawrence Police Department to take the student into protective custody.

5.      Any student testing positive on the active breathalyzer will not be allowed to attend any school-sponsored dances including the Prom for one calendar year from the date of the testing.  If it is the last dance of the school year (including the Prom) and the student is a senior, the student also will not be allowed to attend any remaining senior graduation-related activities (e.g., senior breakfast, senior recognition night, graduation ceremonies, senior picnic, and other senior week non-academic activities) that occur after the event where the student has tested positive for alcohol.

6.      If a student on any one occasion tests positive under the procedure in Section 3 above or refuses breath testing, and on a subsequent occasion tests positive under the procedures in Section 3 or refuses breath testing, the student will be sanctioned as provided in Section 5 for the remainder of the time the student is enrolled as a student of the District.

7.      If a student refuses to take any breath test as provided by this Policy, he or she will not be admitted to the event and the student’s parents will be contacted and requested to take the student home.  A school administrator may consider the refusal and all other evidence such as slurred speech, unsteady gait, impaired motor control, flushed face, smell of intoxicating liquor on breath, clothing or person, vomiting, or unruly behavior, or other reasonable indicators to determine whether or not the student has consumed alcohol, and impose the sanctions listed in Section 5 above.

8.      There is always the possibility that a student may consume alcohol after passing the initial passive or active breathalyzer screening. If school personnel observe behaviors indicating a student may have consumed alcohol such as slurred speech, unsteady gait, impaired motor control, flushed face, smell of intoxicating liquor on breath, clothing or person, vomiting, or unruly behavior, or other reasonable indicators, designated school personnel may administer the active breathalyzer test.  If the student tests positive on the active breathalyzer, he or she may request additional testing which will be two additional tests taken at least two minutes apart. If the student does not request additional testing or if either of the additional tests is positive, then the procedures under Sections 3 and 4 above will be followed, and the sanctions under Sections 5 and 6 above will apply.

9.      Records of students failing any active breathalyzer tests or refusing to take any breath tests as herein provided will be maintained by District administrative personnel as educational records but will not be
made a part of the student’s academic record. Such records shall be used by school personnel only to the extent necessary to administer this Policy and codes of conduct for extra-curricular activities, and the records and information contained therein shall not otherwise be released to anyone except to the affected student and/or the student’s parent or guardian.

 10.    The term “student” as used herein shall include all guests of students and any such guests will be subject to ban from District student activities as herein provided upon testing positive on active breathalyzer testing or refusing the test.

        Special Procedures at Junior High Dances

        If school personnel observe behaviors indicating a student may have consumed alcohol such as slurred speech, unsteady gait, impaired motor control, flushed face, smell of intoxicating liquor on breath, clothing or person, vomiting, or unruly behavior, or other reasonable indicators, designated school personnel may administer the passive breathalyzer test.  If the student tests positive on the passive test as a result of reasonable suspicion, an active or deep-breath test will be administered as outlined in sections 2 and 3 of the high school procedures.
                
        If the student does not request additional testing or if either of the additional tests is positive, then the procedures under sections 3 and 4 of the high school procedures will be followed, and the sanctions under section 5 or section 6 of the high school procedures will apply as the facts indicate.
If a student refuses to take any breath test as provided by this Policy, he or she will not be admitted to the event and the student’s parents will be contacted and requested to take the student home.  A school administrator may consider the refusal and all other evidence such as slurred speech, unsteady gait, impaired motor control, flushed face, smell of intoxicating liquor on breath, clothing or person, vomiting, or unruly behavior, or other reasonable indicators to determine whether or not the student has consumed alcohol, and impose the sanctions listed in section 5 or section 6 of the high school procedures, as the facts indicate.

        Other Codes of Conduct and Rules Involving Student Consumption of  Alcohol

        The foregoing Special Procedures pertaining to dances and to other extra-curricular activities to which they may be applied will take precedence over any conflicting provisions of other Board policies, codes of conduct and administrative rules promulgated by coaches/sponsors of extra-curricular
activities concerning the use of alcohol, but shall not abrogate such provisions which are not conflicting.

        Superintendent’s Additional Discretion For Testing

        The Superintendent is authorized at his or her discretion to implement or to withhold use of the Special Procedures and sanctions applicable to High School dances and Prom for other school-sponsored extra-curricular activities, including those of other District secondary schools, to the extent deemed necessary. Any decision to expand the special testing procedures to other school-sponsored extra-curricular activities or to other secondary schools will be reported to the Board.

Approved:  December 12, 2005
Amended:  May 22, 2006
Reviewed by Board Policy Committee:  March 5, 2008
Amended:  May 12, 2008