| Section: | 5000 Students | | Policy Name: | Breathalyzer Testing | | Policy Number: | 5145.124 | | Date Approved: | 3/11/2013 | | Last Revised: | N/A |
This policy provides the basic structure for the use of passive and active alcohol sensors in Plainville Community Schools to detect/confirm alcohol consumption by students.
The passive alcohol sensor device is a non-invasive high-speed breath alcohol-screening instrument, which can be used as a "sniffer" for overt, or covert alcohol detection. This device may be used to sample a student's breath in order to detect alcohol use.
A. Testing to Confirm Reasonable Suspicion of Alcohol Use
The District does not consider the use of a passive alcohol-screening device as constituting a "search"; therefore the issue of trespass or intrusion into a student's privacy is not a factor in the use of this device. Passive alcohol screening may be conducted with all students entering a school-sponsored event or with individual students when reasonable suspicion exists that a student is under the influence or has used alcohol.
Administrators will use an active device only when a student has demonstrated alcohol use with a passive device. Reasonable suspicion shall refer to any of the following:
1. Observed use or possession of alcohol;
2. Odor of an alcoholic beverage or the presence of an alcohol container;
3. Marked changes in personal behavior not attributable to other factors; or
4. Slurred speech, unsteady gait, lack of coordination, bloodshot or glazed eyes; or
5. Behavior that is risky, aggressive or disruptive.
All due process rights of students will be observed. Further, the Board allows the use of passive alcohol sensor devices at school, on school buses or at any school-sponsored activity.
The passive screening device shall be checked for accuracy and for full calibration at least as frequently as recommended by the manufacturer.
Designated school personnel and/or the school resource officer(s) will be trained in the use of such instruments.
Students, parents/guardians and staff will be notified of the intended use of the passive and active alcohol sensor devices. This notification shall be done through announcements, written documentation, assembly demonstration or classroom discussions, and will be included in school handbooks.
When an administrator has reasonable suspicion that a student is under the influence of alcohol at school or a school-sponsored event, the student shall be given a passive alcohol sensor screening (PAS). If the student fails the passive assessment, he/she will be given a fifteen minute wait period after which the passive screening will be re-administered. If screening results are negative, no action shall be taken. However, if the student tests positive, he/she will be given an active Breathalyzer test. If the student declines to take the screening, when reasonable suspicion exists, or if such screening proves positive he/she shall be subject to appropriate disciplinary action as set out in the District's disciplinary policies.
B. Extracurricular/Voluntary School-Sponsored Events
When PAS devices and/or a breathalyzer will be used at a voluntary school-sponsored event (i.e. school dances, proms, etc.), such devices shall be administered as follows:
1. All students participating in the activity or school-sponsored event will be asked to submit to a PAS screening. Students will be asked to breathe across the intake part of the device.
2. If the PAS device detects alcohol, the student shall be removed to a separate area for observation and questioning concerning alcohol consumption. After fifteen (15) minutes, the student will be asked to submit to a breathalyzer test to confirm the presence of alcohol.
3. Should the student test positive after the second test, school personnel will contact the student's parent(s)/guardianand the student shall be removed/denied entry to the activity or school-sponsored event.
4. Any student who refuses to breathe into the PAS device, or who refuses to submit to the breathalyzer test, may be excluded or removed from the activity or school-sponsored event and may face additional disciplinary actions.
5. The district retains the right to contact local law enforcement officials at any time, as deemed appropriate, consistent with district practice and policy.
(cf. 5114 – Removal/Suspension/Expulsion)
(cf. 5131 – Conduct at School and School Sponsored Activities)
(cf. 5131.6 Drugs, Alcohol, Tobacco)
(cf. 1141 – Cooperation with Police Authorities)
(cf. 5144 Discipline/Use of Reasonable Physical Force)
(cf. 1142 Regulation—Questioning of Students by Police)
(cf. 5145.12- Search and Seizure)
Legal Reference: Connecticut General Statutes
10a-18 Programs to be offered on effects of drugs and alcohol.
10-19 Teaching about alcohol, nicotine or tobacco, drugs and acquired immune deficiency syndrome. Training of personnel.
10-154a Professional communications between teacher or nurse and student. Surrender of physical evidence obtained from students.
10-221d Boards of education to prescribe rules re; use, sale or possession.
21a-240 Definitions, dependency producing drugs.
21a-243 Regulation re schedules of controlled substances.
New Jersey v. T.L.O., 469 325; 105 S.CT. 733 (1985
Veronia School District 47J v. Acton, 515 U.S. 646 (1995)
Todd v. Rush County Schools, 133F.3d 984 (7th Cir. 1998)
Knox County Education Association v. Knox County Board of Education, 158 F3d 361, 3885-386 (6th Cir. 1998)
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