SENATE, No. 2314
STATE OF NEW JERSEY
INTRODUCED DECEMBER 11, 1997
By Senators SACCO, PALAIA, Adler, Codey, Girgenti, Zane, Bryant, Kenny, Lynch and Lesniak
An Act authorizing the adoption of substance abuse testing policies in public school districts and supplementing chapter 40A of Title 18A of the New Jersey Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. The Legislature finds and declares that there are many school districts within the State with a growing problem of drug abuse among students who participate in interscholastic athletics; and that this abuse creates the risk of immediate physical harm to the student using drugs as well as other students participating in interscholastic athletics. The Legislature further finds that in a school district where there is evidence of a drug abuse problem among students who participate in interscholastic athletics, it may be appropriate for that district to combat this problem through the random drug testing of student athletes to deter drug use and to provide a means for the early detection of students with drug problems so that counseling and rehabilitative treatment may be offered. The Legislature also finds that because student athletes are role models for the student body, it is appropriate to hold them to a higher degree of scrutiny to deter and detect drug use.
2. A board of education may adopt a policy, pursuant to rules and regulations adopted by the State Board of Education in consultation with the Department of Health, for the random urinalysis testing of the district's students in grades 9-12 who participate in interscholastic athletics for the use of controlled dangerous substances as defined in N.J.S.2C:35-2. The testing shall be conducted by the school physician, school nurse or a physician, laboratory or health care facility designated by the board of education and the cost shall be paid by the board. Any disciplinary action taken against a student who tests positive for drug use or who refuses to consent to testing shall be limited to the student's suspension or prohibition from participation in interscholastic athletics.
3. Each board of education shall hold a public hearing prior to the adoption of its drug testing policy. The policy shall be in written form and shall be distributed to students and their parents or guardians at the beginning of each school year. The policy shall include, but need not be limited to, the following:
a. notice that the consent of the student and his parent or guardian for random student drug testing is required for the student to participate in the district's interscholastic athletics program;
b. the procedures for collecting and testing urine specimens;
c. the manner in which students shall be randomly selected for drug testing;
d. the procedures for a student or his parent or guardian to challenge a positive test result;
e. the standards for ensuring the confidentiality of test results;
f. the specific disciplinary action to be imposed upon a student who tests positive for drug use or refuses to consent to testing; and
g. the guidelines for the referral of a student who tests positive for drug use to drug counseling or rehabilitative treatment.
4. The State Board of Education, in consultation with the Department of Health, shall adopt pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), the rules and regulations necessary to carry out the provisions of this act.
5. This act shall take effect immediately.
STATEMENT
This bill permits a board of education to adopt a policy for the random drug testing of the district's high school students who participate in interscholastic athletics. The bill establishes certain guidelines that a district must follow in adopting a drug testing policy similar to that upheld by the U.S. Supreme Court in Vernonia School District v. Acton, 115 S.Ct. 2386 (1995). The purpose of such a drug testing policy would be to combat a district's problem of drug use among student athletes which poses an immediate risk of physical harm to that athlete and to other students participating in interscholastic athletics. In addition, because student athletes are role models for a student body, it may be appropriate to hold them to a higher standard. Such a policy would deter drug use among student athletes and provide a means for the early detection of students with drug problems so that counseling and rehabilitative treatment may be offered.
The bill requires that any drug testing policy adopted by a district be adopted pursuant to rules and regulations promulgated by the State Board of Education, in consultation with the Department of Health. The testing is to be conducted by the school physician, school nurse or a physician, laboratory or health care facility designated by the board of education and the cost would be paid by the board. Any disciplinary action imposed upon a student who tests positive for drug use or who refuses to be tested is to be limited to the student's suspension or prohibition from interscholastic athletic participation.
Each board of education is to hold a public hearing prior to the adoption of a drug testing policy. The policy shall be in written form and shall be distributed to students and their parents or guardians at the beginning of each school year. The policy shall include, but need not be limited to: notice that the consent of the student and his parent or guardian for random student drug testing is required for the student to participate in the district's interscholastic athletics program; the procedures for collecting and testing urine specimens; the manner in which students will be randomly selected; the procedures for students and their parents or guardians to challenge positive test results; the standards for ensuring the confidentiality of test results; the specific disciplinary action imposed upon students who test positive for drug use or who refuse to consent to testing; and, the guidelines for referring students who test positive for drug use to counseling or rehabilitative treatment.
Authorizes school boards to adopt a drug testing policy of student athletes.