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Regular Session, 2010
HOUSE BILL NO. 1452
BY REPRESENTATIVE TUCKER
STUDENTS: Provides relative to annual, mandatory random drug testing of students in
public high schools
AN ACT1
To amend and reenact R.S. 44:4.1(B)(8) and to enact Part VIII-A of Chapter 1 of Title 172
of the Louisiana Revised Statutes of 1950, to be comprised of R.S. 17:405.113
through 405.19, and R.S. 17:3996(B)(24), relative to drug testing; to provide for drug4
testing of certain public school students, including charter school students; to require5
each school governing authority to establish a drug testing program and to adopt a6
policy therefor; to provide certain requirements for such programs and policies; to7
provide for a model policy and rules to implement the Act; to provide for testing8
procedures, including confirmation tests; to provide relative to test results and certain9
actions to be taken in the case of positive test results, including notification of the10
student and the student's parents, tutor, or legal guardian; to provide for11
confidentiality of certain information concerning test results; to limit the use of test12
results; to provide for student defense relative to prescribed drugs; to authorize13
certain counseling and referral for counseling or treatment; and to provide for related14
matters.15
Be it enacted by the Legislature of Louisiana:16 HLS 10RS-2863 ORIGINAL
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Section 1. Part VIII-A of Chapter 1 of Title 17 of the Louisiana Revised Statutes of1
1950, comprised of R.S. 17:405.11 through 405.19, and R.S. 17:3996(B)(24) are hereby2
enacted to read as follows: 3
PART VIII-A. DRUG TESTING OF PUBLIC SCHOOL STUDENTS IN GRADES4
NINE THROUGH TWELVE5
§405.11. Legislative findings; purpose6
A. The Legislature finds that:7
(1) Substance use is a serious threat to student health and safety and is a8
disruptive influence in the school setting.9
(2) Student use of drugs and alcohol has created many problems in state10
public schools and in local communities.11
(3) Drug use by young people results in significant long term social costs to12
the state and the people of the state.13
(4) Student participation in a drug testing program will create an atmosphere14
that deters the use of drugs by students and will inform parents of their child's15
substance involvement, allowing for early intervention.16
(5) Preventing drug and illegal alcohol use by students is a compelling17
educational and community interest in the state of Louisiana and would reduce18
budget expenditures and economic costs at the state and local level.19
B. The purposes of this Part are to create a safe, drug-free environment for20
students and to improve educational outcomes, to protect students by preventing21
them from harming themselves and others as a result of the consumption of harmful22
substances, and to reduce public expenditures and economic costs that result from23
drug use in Louisiana.24
§405.12. Definitions25
As used in this Part, the following words and phrases have the meanings26
provided in this Section unless the context clearly requires otherwise:27 HLS 10RS-2863 ORIGINAL
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(1) "Confirmation test" means a second drug test on the same specimen,1
using an alternate method of equal or greater sensitivity than that used in a previous2
drug test, used to substantiate the results of the prior drug test on the specimen.3
(2) "Drug" means an illegal drug or a prescription or nonprescription4
medication.5
(3) "Drug test" means a chemical test administered for the purpose of6
determining the presence or absence of a drug or metabolites of a drug in a person's7
bodily fluids.8
(4) "Illegal drug" means any substance, including alcohol that is consumed9
by a person under the age of twenty-one years, having psychological or physiological10
effects on a human being and that is not a prescription or nonprescription medication,11
including controlled dangerous substances and controlled substance analogs or12
volatile substances that produce the psychological or physiological effects of a13
controlled dangerous substance through deliberate introduction into the body.14
(5) "Initial test" means an initial drug test to determine the presence or15
absence of drugs or their metabolites in specimens.16
(6) "Positive test result" means a finding of the presence of drugs or the17
metabolites of drugs in the specimen tested.18
(7) "Prescription" or "nonprescription medication" means a drug prescribed19
for use by a duly licensed physician, dentist, or other medical practitioner licensed20
to issue prescriptions or a drug that is authorized under federal or state law for21
general distribution and use without a prescription in the treatment of human22
diseases, ailments, or injuries.23
(8) "Public school" means a public school that enrolls students in grade nine,24
grade ten, grade eleven, or grade twelve, or any combination thereof.25
(9) "Random selection" or "random drug testing" means administering drug26
tests based upon a mechanism for selecting students for drug tests that results in an27
equal probability that any student from a group or groups of students subject to the28
selection mechanism will be tested and which does not give the school governing29 HLS 10RS-2863 ORIGINAL
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authority or any school official discretion to waive the selection of any student1
selected by means of the mechanism.2
(10) "School governing authority" means the governing authority of a public3
school.4
(11) "Specimen" means a tissue or product of the human body chemically5
capable of revealing the presence of drugs in the human body.6
§405.13. State Board of Elementary and Secondary Education; model random drug7
testing policy; rules8
A. The State Department of Education shall prepare and the State Board of9
Elementary and Secondary Education shall adopt a model policy for annual random10
drug testing programs that complies with the requirements for random drug testing11
programs and policies as provided in this Part to be used by school governing12
authorities in adopting policies for drug testing programs established pursuant to this13
Part.14
B. The State Board of Elementary and Secondary Education shall adopt rules15
and regulations necessary to implement the provisions of this Part.16
C. In carrying out the provisions of this Section, the State Board of17
Elementary and Secondary Education and the State Department of Education may18
consult with the Department of Health and Hospitals, and the Department of Health19
and Hospitals shall provide the State Board of Elementary and Secondary Education20
and the State Department of Education such assistance as the board and the21
department may request.22
§405.14. School governing authorities; random drug testing programs and policies;23
applicability24
A. This Part shall be applicable to every public school in the state.25
B. The governing authority of each public school subject to the provisions26
of this Part by not later than January 1, 2011, shall adopt a policy requiring and27
providing for annual random drug testing of students enrolled in grades nine through28
twelve which policy shall be in compliance with this Part. By not later than the29 HLS 10RS-2863 ORIGINAL
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2011-2012 school year, each such governing authority shall establish and implement1
in each public school subject to the provisions of this Part a program for such2
random drug testing in accordance with such policy and this Part. The governing3
authority of each public school subject to the provisions of this Part shall provide a4
copy of the policy to each student subject to the testing program and the student's5
parent or parents, tutor, or legal guardian no less than ninety days before the policy's6
implementation. The policy shall require that each student and the student's parent,7
tutor, or legal guardian sign a statement verifying that they have been given notice8
of the random drug testing policy.9
C. A random drug testing program established pursuant to this Part and the10
policy therefor adopted by each school governing authority shall comply with this11
Part and any rules and regulations that the State Board of Elementary and Secondary12
Education may adopt regarding drug testing programs and policies. The policy shall13
include but not necessarily be limited to the following:14
(1) A description of the process by which students will be randomly selected15
for testing.16
(2) The location and address of the parish health unit to which a student17
selected for testing must report for testing.18
(3) Explanation of a confirmation test and a statement explaining whether a19
confirmation test will be required or permitted if a student's initial test is positive.20
(4) Provisions for the various levels of consequences to the student if a21
confirmation test or later random test yields a positive result.22
(5) A statement that the student's parent, tutor, or legal guardian is23
responsible for the cost of any confirmation test that may be conducted.24
(6) A description of the help available through the school governing authority25
and other referral sources for students who have positive test results.26
(7) An explanation of the effect of test results in subsequent years or if test27
results from previous school years are disregarded in subsequent years.28 HLS 10RS-2863 ORIGINAL
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(8) A description of the consequences to a student who refuses to submit to1
a random drug test, including whether or not a refusal may be construed as a2
drug-positive test.3
(9) A clear description of who will have access to drug testing results and the4
manner by which confidentiality will be maintained.5
(10) The manner in which the parent, tutor, or legal guardian will be6
informed of their child's positive test result.7
(11) The manner in which a student may challenge positive test results,8
including a mechanism for students to present evidence of the use of a prescription9
medication that may have caused a positive test result.10
§405.15. Test results; notification; consequences; reporting limitations11
A. The parish health unit and a facility responsible for a confirmation test12
shall submit test results to the official of the school or school governing authority as13
provided in the drug testing policy of the school governing authority. When a school14
official or school governing authority official receives notification of a confirmed15
positive test result, the tested student and the student's parents, tutor, or legal16
guardian shall be informed in writing of the test result, the consequences of the17
positive test result as provided in the school's random drug testing policy, and the18
options available to them. The information provided to the student and the student's19
parents, tutor, or legal guardian shall include what drug, including alcohol, was20
discovered. When requested by the parents, tutor, or legal guardian, copies of all21
analytical results shall be made available by the parish health unit or other facility.22
B. Within seventy-two hours of receiving the test results, a student who tests23
positive may request a confirmation re-test of the original specimen by an24
independent testing facility. The cost of such confirmation test shall be the25
responsibility of the student's parents, tutor, or legal guardian.26
C. A student who receives a positive result on a confirmation test may27
submit to the school, no later than ten school days after receiving the results,28 HLS 10RS-2863 ORIGINAL
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information explaining the test results and reasons why the results do not constitute1
a violation of the school governing authority's drug policy.2
D. All student specimens testing negative on the initial test or on the3
confirmation test shall be reported as negative.4
E. Notwithstanding any other provision of law to the contrary, a school5
governing authority shall not report positive drug test results to law enforcement6
authorities or court officials.7
§405.16. Drug testing procedures8
A. All testing for drugs pursuant to this Part shall be performed in accordance9
with the following procedures:10
(1) The collection of specimens shall be performed at the parish health unit11
or other facility under such conditions that the individual dignity of the student being12
tested is preserved to the extent practical.13
(2) Specimens shall be collected in a manner reasonably calculated to prevent14
substitution of specimens and interference with the collection or testing of15
specimens.16
(3) Specimen collection shall be documented by chain of custody procedures,17
including labeling of specimen containers to reasonably preclude the likelihood of18
erroneous identification of test results and other chain of custody protections.19
(4) Specimen handling shall be performed in a reasonable manner to preclude20
specimen contamination or adulteration.21
(5) The initial test shall be in the form of the urinalysis dipstick.22
(6) Provision shall be made for confirmation tests and the type of any23
subsequent confirmation test shall be selected by the affected student from a list of24
approved tests made available to the student by the school governing authority or25
parish health unit or other facility.26
B. A random drug test pursuant to this Part shall occur immediately before,27
during, or immediately after the regular school day.28 HLS 10RS-2863 ORIGINAL
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C. Testing for drugs pursuant to this Part shall be only for the presence of1
illegal drugs, legal drugs used illegally, or alcohol in the specimen.2
D. A confirmation test shall use a method of equal or greater reliability than3
the urinalysis dipstick used in the initial test. If an initial test is negative, there shall4
be no requirement for a confirmation test.5
E. Tests shall be conducted by properly trained persons in circumstances that6
ensure the integrity, validity, and accuracy of the test results but are minimally7
intrusive and provide maximum privacy to the tested student.8
F. Specimens confirmed as positive shall be retained for possible retesting9
or reanalysis.10
§405.17. Test results; confidentiality11
A. A parish health unit or other facility shall disclose test result data12
regarding the presence or absence of a drug or alcohol or their metabolites in a13
specimen tested only to school authorities.14
B. Positive test results from a student drug testing program shall not be used15
as evidence in a criminal action against the school governing authority or a student16
tested.17
C. A student shall be given access to information in the student's personal18
file relating to positive test result reports and other information acquired in the drug19
testing process, including conclusions drawn from and actions taken based on the20
reports and other acquired information.21
D. Information resulting from a drug test conducted in accordance with the22
provisions of this Part shall be kept confidential and may not be used for law23
enforcement purposes; however, the information may be utilized for disciplinary,24
statistical, or research purposes.25
E. Test result reports and other information acquired in the drug testing26
process shall be deemed to be private and confidential information and may not be27
disclosed by the school governing authority, school authorities, or the parish health28
unit or other facility to another public or nonpublic school or to a third party29 HLS 10RS-2863 ORIGINAL
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individual, governmental agency, or private organization without the written consent1
of the student and the student's parents, tutor, or legal guardian.2
F. Schools shall maintain drug testing records separate from the students'3
permanent records and cumulative folders. A school may retain in a student's drug4
testing records information indicating only the following:5
(1) The fact of any random drug test to which the student has submitted. 6
(2) The date of the random drug test.7
(3) The identity of the person performing the random drug test.8
(4) Whether the random drug test finding was positive or negative.9
§405.18. Student defense; prescribed drugs10
Any student who receives a positive drug test result may present through11
clear and convincing evidence, as an affirmative defense, that the use of a drug was12
prescribed by a licensed medical practitioner who is familiar with the student's13
medical history and that the drug was used in accordance with school governing14
authority policies.15
§405.19. Positive test results; counseling; referral for counseling or treatment16
A school governing authority, with the approval of and in cooperation with17
a student's parents, tutor, or legal guardian, may offer in-school counseling for any18
student whose test results are positive or alternatively, may provide referral19
information for the purpose of obtaining drug or other counseling as appropriate.20
Referral information shall include information on inpatient, outpatient, and21
community-based drug and alcohol treatment programs.22
* * *23
§3996. Charter schools; exemptions24
* * *25
B. Notwithstanding any state law, rule, or regulation to the contrary and26
except as may be otherwise specifically provided for in an approved charter, a27
charter school established and operated in accordance with the provisions of this28
Chapter and its approved charter and the school's officers and employees shall be29 HLS 10RS-2863 ORIGINAL
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exempt from all statutory mandates or other statutory requirements that are1
applicable to public schools and to public school officers and employees except for2
the following laws otherwise applicable to public schools with the same grades:3
* * *4
(24) Random drug testing, grades nine through twelve, R.S. 17:405.11 et seq.5
Section 2. R.S. 44:4.1(8 ) is hereby amended and reenacted to read as follows:6
§4.1. Exceptions7
* * *8
B. The legislature further recognizes that there exist exceptions, exemptions,9
and limitations to the laws pertaining to public records throughout the revised10
statutes and codes of this state. Therefore, the following exceptions, exemptions, and11
limitations are hereby continued in effect by incorporation into this Chapter by12
citation:13
* * *14
(8) R.S. 17:7.2, 46, 47, 81.9, 334, 391.4, 405.17, 500.2, 1175, 1202, 1237,15
1252, 1952, 1989.7, 2047, 2048.31, 3099, 3136, 3390, 3773, 388416
* * *17
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
Tucker HB No. 1452
Abstract: Requires and provides for annual random drug testing of students in all public
schools in grades 9 - 12.
Proposed law provides for drug testing of students in public schools in grades 9 - 12 as
follows:
(1)Provides legislative findings relative to problems and costs of drug use by students
and the benefits of preventing drug and illegal alcohol abuse.
(2)Provides for the purposes of proposed law, including creating a safe, drug-free
environment for students, improving educational outcomes, protecting students, and
reducing public expenditures and economic costs.
(3)Defines terms for purposes of proposed law. These include among other terms: HLS 10RS-2863 ORIGINAL
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(a)"Drug" – an illegal drug or a prescription or nonprescription medication.
(b)"Illegal drug" – any substance, including alcohol that is consumed by a
person under age 21, having psychological or physiological effects on a
human being and that is not a prescription or nonprescription medication,
including controlled dangerous substances and controlled substance analogs
or volatile substances that produce the psychological or physiological effects
of a controlled dangerous substance through deliberate introduction into the
body.
(c)"Public school" – a public school that enrolls students in grade 9, 10, 11, or
12.
(d)"Random selection" or "random drug testing" – administering drug tests
based upon a mechanism for selecting students for drug tests that results in
an equal probability that any student from a group or groups of students
subject to the selection mechanism will be tested and which does not give the
school governing authority or any school official discretion to waive the
selection of any student selected by means of the mechanism.
(4)Requires the State Department of Education (SDOE) to prepare and the State Board of
Elementary and Secondary Education (BESE) to adopt a model policy for annual random
drug testing programs that complies with proposed law to be used by school governing
authorities in adopting policies for drug testing programs established pursuant to proposed
law. Requires BESE to adopt rules necessary to implement proposed law. Authorizes
BESE and the SDOE to consult with the Department of Health and Hospitals (DHH) in
adopting such policy and rules and requires DHH to provide assistance requested.
(5)Specifies that proposed law is applicable to every public school in the state that enrolls
students in grade 9, 10, 11, or 12.
(6)Requires public school governing authorities, by Jan. 1, 2011, to adopt a policy in
compliance with proposed law requiring and providing for annual random drug testing
of students enrolled in grades 9 - 12. Requires establishment and implementation of an
annual random drug testing program in compliance with such policy and proposed law
not later than the 2011-2012 school year. Requires school governing authorities to
provide a copy of the policy to each student subject to the testing program and the
student's parent(s), tutor, or legal guardian no less than 90 days before implementation.
Specifies that the policy must require each student and the student's parent, tutor, or legal
guardian to sign a statement verifying that they have been given such notice of the
random drug testing policy.
(7)Requires that each random drug testing program and the policy therefor adopted by each
school governing authority comply with proposed law and BESE rules. Requires that the
policy include a description or statement about but not limited to the following:
(a)The random testing process.
(b)The location and address of the parish health unit where a student selected for
testing will be tested.
(c)Confirmation tests and whether a confirmation test will be required or permitted
if a student's initial test is positive.
(d)The various levels of consequences to the student if a confirmation test or later
random test is positive. HLS 10RS-2863 ORIGINAL
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(e)Responsibility of the student's parent, tutor, or legal guardian for the cost of any
confirmation test.
(f)Help available for students who have positive test results.
(g)Explanation of the effect of test results in subsequent years or if test results from
previous school years are disregarded in subsequent years.
(h)Consequences to a student who refuses to submit to a random drug test, including
whether or not a refusal may be construed as a drug-positive test.
(i)Who will have access to drug testing results and how confidentiality will be
maintained.
(j)How parents, tutor, or legal guardian will be informed of his child's positive test
result.
(k)How a student may challenge positive test results, including a mechanism for
students to present evidence of the use of a prescription medication that may have
caused a positive test result.
(8)Requires the parish health unit and a facility responsible for a confirmation test to submit
test results to the official of the school or school governing authority as provided in the
drug testing policy of the school governing authority. Requires, when a school official or
school governing authority official receives notification of a confirmed positive test
result, that the tested student and the student's parents, tutor, or legal guardian be
informed in writing of the test result, the consequences as provided in the school's random
drug testing policy, and the options available. Requires that the information provided
include what drug, including alcohol, was discovered. Requires, when requested by the
parents, tutor, or legal guardian, that copies of all analytical results be made available by
the parish health unit or other facility.
Permits a student who tests positive to request, within 72 hours of receiving the test
results, a confirmation re-test of the original specimen by an independent testing facility,
the cost of which is the responsibility of the student's parents, tutor, or legal guardian.
Allows a student who receives a positive result on a confirmation test to submit to the
school, no later than ten school days after receiving the results, information explaining
the test results and reasons why the results do not constitute a violation of the school
district's drug testing policy.
Requires that all student specimens testing negative on the initial test or on the
confirmation test be reported as negative.
(9)Prohibits a school governing authority from reporting positive drug test results to law
enforcement authorities or court officials.
(10)Requires that drug testing pursuant to proposed law be in accordance with the following
procedures:
(a)Specimen collection shall be performed at the parish health unit or other facility
under such conditions that the individual dignity of the student being testing is
preserved to the extent practicable.
(b)Specimens shall be collected in a manner reasonably calculated to prevent
substitution of specimens and interference with the collection or testing of
specimens. HLS 10RS-2863 ORIGINAL
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(c)Specimen collection shall be documented by chain of custody procedures.
(d)Specimen handling shall be in a manner to preclude specimen contamination or
adulteration.
(e)The initial test shall be in the form of the urinalysis dipstick.
(f)Provision shall be made for confirmation tests and the type of any subsequent
confirmation test shall be selected by the affected student from a list of approved
tests made available to the student by the school governing authority or parish
health unit or other facility.
(g)A random drug test shall occur immediately before, during, or immediately after
the regular school day.
(h)Testing may be only for the presence of illegal drugs, legal drugs used illegally,
or alcohol in the specimen.
(i)A confirmation test shall use a method of equal or greater reliability than the
initial test. If an initial test is negative, there shall be no requirement for a
confirmation test. The student's parent, tutor, or legal guardian shall be
responsible for the cost of any confirmation test.
(j)Tests shall be conducted by properly trained persons in circumstances that ensure
the integrity, validity, and accuracy of the test results but are minimally intrusive
and provide maximum privacy to the tested student.
(k)Specimens confirmed as positive shall be retained for possible retesting or
reanalysis.
(11)Provides relative to disclosure of test results:
(a)Provides that a parish health unit or other facility shall disclose only to school
authorities test result data regarding the presence or absence of a drug or alcohol
or their metabolites in a specimen tested.
(b)Prohibits use of positive test results as evidence in a criminal action against the
school governing authority or the student tested.
(c)Requires student access to his information in his personal file relating to or
acquired in the drug testing process.
(d)Requires that information resulting from a drug test be kept confidential and
prohibits its use for law enforcement purposes; however, permits use of such
information for disciplinary, statistical, or research purposes.
(e)Provides that test result reports and other information acquired in the drug testing
process shall be deemed to be private and confidential information and shall not
be disclosed by the school governing authority or school authorities or the parish
health unit or other facility to another public or nonpublic school or to a third
party individual, governmental agency, or private organization without the written
consent of the student and the student's parents, tutor, or legal guardian.
(f)Requires that schools maintain drug testing records separate from the students'
permanent records and cumulative folders. Specifies that a school may retain in
a student's drug testing records information indicating only the following:
(i)The fact of any random drug test to which the student has submitted. HLS 10RS-2863 ORIGINAL
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(ii)The date of the random drug test.
(iii)The identity of the person performing the random drug test.
(iv)Whether the random drug test finding was positive or negative.
(12)Authorizes a student who receives a positive drug test result to present through clear and
convincing evidence, as an affirmative defense, that the use of a drug was prescribed by
a licensed medical practitioner who is familiar with the student's medical history and that
the drug was used in accordance with school district policies.
(13)Authorizes a school governing authority, with the approval of and in cooperation with a
student's parents, tutor, or legal guardian, to offer in-school counseling for any student
whose test results are positive or alternatively to provide referral information for the
purpose of obtaining drug or other counseling as appropriate.
Proposed law (R.S. 17:3996(B)(24)) specifies that charter schools are not exempt from provisions
of proposed law.
Proposed law (R.S. 44:4.1(8)) includes provisions of proposed law relative to confidentiality of
information concerning drug testing in listing of exceptions to public records laws.
(Amends R.S. 44:4.1(B)(8); Adds R.S. 17:405.11-405.19 and 3996(B)(24))