ALCOHOL TESTING

In order to safeguard the individual and general welfare of all students, the Fallsburg Central School District may administer an alcohol test as a condition of admission to, or continued attendance at, proms, dances, overnight activities, and field trips.

Alcohol Testing
The administration will conduct testing based on reasonable suspicion that a student has consumed, possessed, sold, distributed, or is under the influence of alcohol.  A student shall be considered "under the influence" if he or she has consumed alcohol within a time period reasonably proximate to his/her presence at proms, dances, overnight activities and field trips; or in quantities that make such consumption evident.

Students exhibiting signs of having consumed alcohol, including, but not limited to glassy eyes, slurred speech, unsteadiness on the feet or emission of an alcoholic odor may be requested to take an alcohol test administered by a school administrator or School Resource Officer (where practicable).  If test results are negative, no action shall be taken.  If a student tests positive for alcohol, he or she will receive one additional opportunity to take the test.  Students who test positive for alcohol or students who refuse to take an alcohol test upon reasonable suspicion that they have consumed alcohol will be subject to all school rules and consequences relating to the use and/or possession of alcohol.

Protocol for Use of an Alcohol Test

1. The Alcohol Test can be used at proms, dances, overnight activities, and field trips on or off of school grounds (off of school grounds only if it is a school sponsored event, like a Prom that takes places at a hotel, restaurant or dining hall).
2. The Alcohol Test, where practicable, will be administered by a school administrator or school resource officer.  Other personnel may be authorized by the Superintendent to administer the Alcohol Test. Anyone who administers the Alcohol Test must have been previously trained in the use of alcohol testing equipment.
3. There will, where practicable, be two people present when the observation checklist is completed and the Alcohol Test is administered (for example, another school administrator, a teacher, a TA, etc.).
4. The Alcohol Test, where practicable, will be administered in a private area, away from other students.
5. The student will have two opportunities to take an Alcohol Test.  The initial test may be administered at any time. A second test will be conducted fifteen minutes after the first test has been administered. The results of the Alcohol test(s) will be documented and attached to the observation checklist.
6. If a student does not pass an Alcohol Test, his/her parents will be notified and must come to pick him/or her up.  If a parent/guardian cannot be reached, the student may be placed in protective custody by the police department in the town where the event is located until a parent/guardian can pick up the student.   
7. Students who test positive for alcohol or refuse to take an Alcohol Test will be subject to all school rules and consequences relating to the use and/or possession of alcohol.  Students may receive in-school and out of school suspension in addition to any punishment given under this policy.
8. The school district will work with students and families with regard to counseling and alcohol abuse education.

LEGAL REF.:            MGL 272: 40A

Approved by Board of Education on February 7, 2008

File:  JICHA-R

PROTOCOL FOR ALCOHOLTESTING

Students exhibiting signs of having consumed alcohol, including but not limited to glassy eyes, slurred speech, unsteadiness on the feet or emission of an alcoholic odor may be requested to take an Alcohol Test. If the results are negative, no action will be taken, although subsequent administrations of an Alcohol Test may be given at any time.  If a student tests positive for alcohol, a second test will be conducted fifteen minutes after the first test has been administered. Students who test positive for alcohol or students who refuse to take an Alcohol Test upon reasonable suspicion to suspect they have consumed alcohol will be subject to all school rules and consequences relating to the use and/or possession of alcohol.  Students refusing to take an Alcohol Test may be suspended for 5 days and may face a Superintendent’s hearing pursuant to section 3214 of Education Law.

Protocol for the Use of an Alcohol Test

Alcohol Observation Checklist

Observation of Student

Name: _________________    Date: __________   Time: _______    Event/Location: _____________

Check all that apply:

1. Walking

normal          stumbling        staggering       falling      unsteady

2. Speech

normal          shouting          slurred             incoherent         whispering

3. Demeanor

normal          sleepy         crying         fighting         overexcited          agitated

4. Eyes

normal          bloodshot        glassy              watery               dilated

5. Personal Conduct

normal          profanity         hostile             erratic

6. Breath

normal          alcoholic odor            faint alcoholic odor

7. Other Observations:                                                                                                                           

Questions:
Are you feeling ill?    Yes   No       If yes, please describe                                                                

Are you taking any medication?     Yes   No

If yes, would you care to tell us what it is?                                                                                                       

Have you consumed alcohol today?    Yes   No     How did you get here?                                       

Disposition/conclusion:                                                                                                                               

Next action:                                                                                                                                                 

Contact parents:       Yes   No                  

Alcohol Test results attached:    Yes   No

Staff member’s name:                                                   Witness:                                          

School Sponsored Event

1. The administration will determine at which school-sponsored events the Alcohol Test procedures will be used.  These events include proms, dances, overnight activities, and field trips.
2. The administration will conduct testing based on reasonable suspicion that a student has consumed, possessed, sold, distributed, or is under the influence of alcohol.  The trained administrator or trained staff member present at such events has the authority to test and retest any individual suspected of being under the influence of alcohol.
1. Any student who tests positive will be given a second test after a waiting period of fifteen (15) minutes;
2. If this test is also positive, the student will be denied entrance and/or  continued participation at the event, detained by school officials until parents/guardians arrive and an investigation is conducted.  The student will be sent home and, subject to disciplinary procedures.  Students who refuse the test will be detained until parents/guardians arrive to remove them.  In such cases, the student may be subject to discipline procedures which may include suspension for 5 days and a superintendent’s hearing pursuant to section 3214 of Education Law.
3. A student who tests positive or refuses to be tested may be prohibited from participating in future extra-curricular activities.
3. The Alcohol Testing Policy  shall apply to all students and guests, regardless of age.

Implementation Statement and Signature Page

_____________, 2008

To Fallsburg Central School District students and parent/guardians:

Recently, the Fallsburg Central School District Board of Education approved a new Alcohol Test Policy and Protocol for Alcohol Testing as school district policy.  Please familiarize yourselves with this addition.  Its purpose is to prevent and deter alcohol use at proms, dances, overnight activities, and field trips.  It allows the administration to better support the district’s alcohol policy which is explained in detail in the Code of Conduct.  In order for a student to be eligible to attend proms, dances, overnight activities, and field trips, this signature page must be signed by both parent and student.  This is required in order to ensure all parties have received, read, and understood all aspects of the Alcohol Test Policy Protocol.

In future years, the Alcohol Testing Policy will simply be part of the Student Handbook, and the usual signature procedures will remain in effect.

SECTION I: FOR PARENTS/GUARDIANS

Your signature below indicates your receipt, understanding and approval of the Alcohol Testing Protocol as a school district policy.

Print Student’s Name: _____________________________________________

Signature of Parent/Guardian: _______________________________________

Date: ________________

SECTION II: FOR STUDENTS

I have read and agree to comply with the rules of the Alcohol Testing Protocol.

Signature of Student: ______________________________________________

Date: ________________