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2003 SESSION

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HB 2091 Drug Testing in Public Schools.

Introduced by: Johnny S. Joannou | all patrons    ...    notes | add to my profiles

SUMMARY AS PASSED: (all summaries)

Drug testing in public schools. Requires the Board of Education to include policies addressing voluntary and mandatory drug testing, in accordance with the most recent enunciation of constitutional principles by the Supreme Court of the United States of America, in its guidelines for student conduct policies and student searches. The bill states that its provisions must not be construed to require any school board to adopt policies requiring drug testing; however, school boards may require drug testing in accordance with the Board's guidelines. Most recently, the U. S. Supreme Court upheld, in Board of Education of Independent School District No. 92 of Pottawatomie County, Oklahoma et al. v. Earls et al., random drug testing of public school students as a condition of participation in competitive extracurricular activities. A previous decision allowed for testing of athletes involved in competitive sports. The Board's standards for school board policies on alcohol and drugs and search and seizure must include guidance for procedures relating to voluntary and mandatory drug testing in schools, including, but not limited to, which groups may be tested, use of test results, confidentiality of test information, privacy considerations, consent to the testing, need to know, and release of the test results to the appropriate school authority. To avoid the costs of printing and mailing, the Board of Education must issue the revisions to its guidelines and model student conduct policies relating to school board policies on alcohol and drugs and search and seizure and for student searches in electronic format only. The revisions may be transmitted to the division superintendents and the public via any electronic media, including by posting the revisions to the Department of Education's website.


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