N.J. Admin. Code § 6A:16-4.4

Current through Register Vol. 56, No. 8, April 15, 2024

Section 6A:16-4.4 - Voluntary policy for random testing of student alcohol or other drug use

(a) Each district board of education that chooses to adopt policies and procedures for the random testing of students, pursuant to N.J.S.A. 18A:40A-22 et seq., for the use of controlled dangerous substances, including anabolic steroids, as defined in N.J.S.A. 2C:35-2 and 24:21-2, or alcoholic beverages, as defined in N.J.S.A. 33:1-1, shall:

1. Hold a public hearing prior to the adoption of the alcohol or other drug testing policies and procedures.

i. The notice of the public hearing shall specifically identify the proposed alcohol or other drug testing policies and procedures as an agenda item; and

ii. Copies of the proposed alcohol or other drug testing policies and procedures shall be made available upon request prior to the public hearing;

2. Apply the alcohol or other drug testing policies and procedures only to students in grades nine through 12 who participate in extra-curricular activities, including interscholastic athletics, or who possess parking permits;

3. Be responsible for all costs of the alcohol or other drug testing, including any costs associated with the transportation of students;

4. Ensure that the voluntary alcohol or other drug testing conducted pursuant to this section is separate and distinct from any other alcohol or other drug testing that might be administered by the district board of education, including the required medical examination of students currently suspected of being under the influence of alcohol or other drugs, pursuant to N.J.S.A. 18A:40A-12 and N.J.A.C. 6A:16-4.3;

5. Ensure that the policies and procedures for the alcohol or other drug testing program, pursuant to (b) below, are included in and are consistent with the policies and procedures for the intervention of student alcohol or other drug abuse, pursuant to N.J.S.A. 18A:40A-10 and 11 and N.J.A.C. 6A:16-4.1; and

6. Provide written notice to all ninth-through-12th-grade students and their parents at the beginning of each school year that the active written consent of students and parents for random student alcohol or other drug testing is required for students to participate in extracurricular activities, including interscholastic athletics, or to possess a school parking permit.

(b) Each district board of education's written alcohol or other drug testing policies and procedures, pursuant to this section, shall include, but need not be limited to, the following components:

1. A statement that the purposes of the alcohol and other drug testing policies are to deter alcohol and other drug use and to provide a means for the early detection of students with alcohol or other drug problems so referral for evaluation or referral for treatment, pursuant to (b)10 below and N.J.A.C. 6A:16-1.3 and 4.1, or other appropriate assistance may be offered;

2. A description of the procedures for randomly selecting students for alcohol or other drug testing, which shall include, at a minimum:

i. The manner in which students shall be randomly selected for alcohol or other drug testing;

ii. An explanation of the sampling statistical principles supporting the random selection process; and

iii. An explanation of how implementation of the random selection process shall be documented and verified;

3. A description of the procedures for the acquisition and management of student's alcohol or other drug test specimens, which shall address the following, at a minimum and as appropriate to the method selected under (c) below:

i. Student monitoring;

ii. Student transportation;

iii. The acquisition and handling of students' specimens;

iv. The chain of custody of students' specimens;

v. The testing and analysis of students' specimens; and

vi. The storage of students' specimens;

4. The standards for ensuring confidentiality and scope of authorized disclosure of alcohol or other drug testing information that protect, at a minimum:

i. The identities of students who have been selected to be tested or who have been tested;

ii. The results of alcohol or other drug tests;

iii. The billing and management reports associated with alcohol or other drug tests; and

iv. Information, prior to the time of an alcohol or other drug test, that a test is to take place;

5. A description of the consequences for violating confidentiality and disclosure standards, pursuant to (b)4 above;

6. The parent providing consent to alcohol or other drug testing, pursuant to (a)6 above, shall be notified each time the parent's child has been tested under the alcohol or other drug testing policy, pursuant to this section.

i. The school district shall establish procedures ensuring confidentiality of the notification;

7. The procedures for reporting results of alcohol or other drug tests, including written notification to students and their parents concerning test findings, that are consistent with (b)4 above.

i. Law enforcement authorities shall not be notified of test results;

8. The specific actions pursuant to N.J.A.C. 6A:16-7.1, as appropriate, N.J.A.C. 6A:16-4.1, and this section to be taken against students who test positive for alcohol or other drug use.

i. Actions to be taken against students who test positive for alcohol or other drug use shall be limited to:

(1) Removal from or prohibition against participation in extracurricular activities, including interscholastic athletics; or

(2) Disapproval or revocation of student parking permits.

ii. Prior to actions being taken pursuant to (b)8i(1) or (2) above, all positive alcohol or other drug test results shall be confirmed by the laboratory using a methodology recommended by the laboratory instrument's manufacturer;

9. The procedures for students or their parents to challenge a positive result from the alcohol or other drug tests;

10. The guidelines for referral for evaluation or referral for treatment, pursuant to N.J.A.C. 6A:16-l.3 and 4.1 and this section, or the provision of other appropriate assistance for students who test positive for alcohol or other drug use; and

11. The specific actions, pursuant to N.J.A.C. 6A:16-7.1, to be taken against students who refuse to consent to alcohol or other drug testing.

i. Actions to be taken against students who refuse to consent to alcohol or other drug testing shall be limited to:

(1) Removal from or prohibition against participation in extracurricular activities, including interscholastic athletics: or

(2) Disapproval or revocation of student parking permits.

(c) Each district board of education shall provide for the collection and testing of alcohol or other drug specimens by implementing one of the following methods, in accordance with N.J.S.A. 45:9-42.26 et seq. and N.J.A.C. 8:44 and 8:45:

1. Transporting randomly selected students, pursuant to (b)2 and 3ii above, to a State-licensed clinical laboratory to perform specimen collection and alcohol or other drug testing;

2. Choosing a State-licensed clinical laboratory to operate an onsite licensed collection station and to transport the specimens to the offsite licensed laboratory for alcohol or other drug testing;

3. Choosing to obtain a State license to operate the school district's own collection station for the collection of specimens, pursuant to (a)3 above, as appropriate, and (b)3 and 4 above, and contract with a licensed clinical laboratory for transportation and alcohol or other drug testing of the specimens;

4. Choosing to obtain a State license to operate a clinical laboratory for onsite collection and alcohol or other drug testing of specimens; or

5. Choosing to contract with a State-licensed clinical laboratory to provide for both the onsite collection and alcohol or other drug testing of specimens.

(d) The district board of education shall limit the collection of specimens for alcohol or other drug testing in a State-licensed collection station or clinical laboratory, in accordance with N.J.S.A. 45:9-42.26 et seq., N.J.A.C. 8:44 and 8:45, and (c)1 above to the following persons:

1. A school physician;

2. A physician, other than the school physician, licensed to practice medicine or osteopathy other than the school physician;

3. A certified school nurse or noncertified nurse, pursuant to N.J.A.C. 6A:9B-14.3 and 14.4; or

4. The staff of a State-licensed clinical laboratory or health care facility, in accordance with (c) above, as designated by the district board of education.

N.J. Admin. Code § 6A:16-4.4

New Rule, R.2007 d.383, effective 12/17/2007.
See: 39 N.J.R. 2579(a), 39 N.J.R. 5218(a).
Amended by R.2014 d.047, effective 3/17/2014.
See: 45 N.J.R. 987(a), 46 N.J.R. 505(a).
Rewrote the section.
Administrative change.
See: 46 N.J.R. 1743(a).
Amended by R.2021 d.073, effective 7/19/2021.
See: 53 N.J.R. 197(a), 53 N.J.R. 1216(a).
In the introductory paragraph of (b)6, substituted "the parent's" for "his or her"; and in (d)3, updated the N.J.A.C. references.