INFORMATIONAL

TO: Division Superintendents

FROM: Jo Lynne DeMary

Superintendent of Public Instruction

SUBJECT: Drug Testing Guidelines

HB 2091 from the 2003 General Assembly required the Board of Education to develop voluntary and mandatory drug testing procedures in accordance with constitutional principles. The bill also stated that any provisions being developed should not be construed to require school boards to adopt policies requiring drug testing; however, school boards may choose to require drug testing in accordance with the boards guidelines.

The guidelines have been developed in consultation with the Office of the Attorney General. They are intended to supplement existing guidelines for student searches and student conduct policies and for use as technical assistance by Virginia school boards to develop their own policies and procedures. The guidelines are not regulatory in nature and do not attempt to replace local school board authority.

The Guidelines Concerning Student Drug Testing in Virginia Public Schools were approved by the Virginia Board of Education on June 23, 2004. The guidelines may be downloaded from the Department of Educations website:

http://www.pen.k12.va.us/VDOE/PC/guidance.shtml. Questions may be addressed to Arlene Cundiff, coordinator of the safe and drug-free schools program at 804-225-2871 or by e-mail to acundiff@mail.vak12ed.edu.

JLD/ADC/ac