Report Title:

Education; drug testing

Description:

Mandates the implementation of a voluntary and confidential drug testing policy in public schools.

HOUSE OF REPRESENTATIVES

H.B. NO.

207

TWENTY-THIRD LEGISLATURE, 2005

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

relating to voluntary drug testing in schools.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. Chapter 302A, Hawaii Revised Statutes, is amended by adding a new part to be appropriately designated and to read as follows:

"Part

§302A-A Drug testing policy; adoption. (a) No school may require or request a student to submit to testing of any sample of a pupil's urine, hair, or other bodily tissue or fluid to determine drug or alcohol use, except as provided by this part. A school may adopt a drug and alcohol testing policy consistent with this part. Drug and alcohol testing is permitted only upon a reasonable suspicion of the unlawful use of a controlled substance or alcohol.

(b) A school that adopts a drug and alcohol testing policy shall provide at least 90 calendar days written notice of the policy to the parent or legal guardian of a student enrolled in the school.

(c) Reasonable suspicion may not be based upon any of the following factors:

(1) Race;

(2) National origin;

(3) Gender;

(4) Socioeconomic status;

(5) Suspicion or evidence of drug or alcohol use among the student's family members or peer group;

(6) Sexual orientation;

(7) Disability or medical condition; or

(8) Religion.

§302A-B Confidentiality. (a) Test results shall be treated as confidential medical records and shall only be accessible to the following individuals:

(1) The student subject to the testing;

(2) The parent or legal guardian of the student;

(3) The principal or his or her designee who is directly responsible for school discipline and safety;

(4) Appropriate school staff and certified or licensed health care professionals employed by or working with a school, including physicians, registered nurses, advance nurse practitioners, counselors, and substance abuse professionals, for whom the information is necessary to facilitate an individualized course of action for the pupil that addresses the unlawful use of drugs or alcohol and supports academic success;

(5) The superintendent of education; or

(6) Appropriate law enforcement authorities.

§302A-C Referral; treatment. A school should seek to ensure that any pupil who tests positive for the unlawful use of a controlled substance or alcohol is referred to a school counselor, a substance abuse professional, or other appropriate school staff for the purpose of developing an individualized course of treatment that addresses the unlawful use of drugs or alcohol and supports scholastic success.

§302A-D Discipline. Nothing in this part shall be construed to limit the ability of a school or the department to discipline a student.

§302A-E Policy; criteria for implementation. (a) A school may adopt a policy to randomly test students for drug or alcohol use only if all of the following conditions are met:

(1) The board of education votes in favor of the policy at a noticed public hearing where the votes of the board members are recorded;

(2) The school proposing the policy presents written justifications to the board of education for adoption of the policy;

(3) The program is voluntary for both parents and students, with prior written consent of the student, and the student's parent or legal guardian if the student is under the age of eighteen, necessary for participation;

(4) The consent to random testing is not a condition for participation in school or extracurricular activities;

(5) A school employee or a department employee does not participate in collecting or analyzing urine, hair, or other bodily tissue or fluid of a student;

(6) A student participating in the testing program is selected at random from a pool of volunteer candidates by an independent drug and alcohol testing company or agency that is certified by the Drug and Alcohol Testing Industry Association;

(7) Test results are maintained private and confidential subject to §302A-B;

(8) Random testing programs are funded exclusively from the following sources:

(A) Direct payments of fees from parents, legal guardians, or students to the testing company duly authorized by a school to conduct its random testing program;

(B) Fees collected by a school or the department from parents, legal guardians, or students to support noncurricular programs or activities;

(C) Federal grants expressly intended to fund random drug and alcohol testing programs; and

(D) Grants from private, nongovernmental entities expressly intended to fund random drug and alcohol testing programs.

(9) The drug and alcohol testing company or agency does not use private or personal information gathered from students to promote or otherwise encourage the purchase of additional services. Personal information obtained directly or indirectly from activities on school district property shall not be provided to any other entity, business, or subsidiary not directly involved in processing the test. That personal information includes, but is not limited to, names, physical addresses, cellular and landline telephone numbers, and e-mail addresses; and

(10) The school notifies the superintendent of education of its implementation of its voluntary drug and alcohol testing program.

§302A-F Definitions. For purposes of this part:

"Appropriate law enforcement authorities" means the police departments of the respective counties, the Attorney General, or the U.S. Attorney.

"Controlled substance" means the same as defined in chapter 329-1.

"Reasonable suspicion" means articulable facts, together with rational inferences from those facts, warranting an objective suspicion that a student is unlawfully using or has unlawfully used a controlled substance."

SECTION 2. The revisor of statutes shall substitute appropriate section numbers for the letters used in designating the new sections in this Act.

SECTION 3. This Act shall take effect upon its approval.

 

INTRODUCED BY:

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