Interscholastic athletics: drug testing: suspensions: nicotine use.

Existing law requires the governing board of a school district that maintains one or more schools containing any of grades 7 to 12, inclusive, to establish a policy regarding participation in extracurricular and cocurricular activities by pupils in those grades as a condition for the receipt of specified school funding allocations. Existing law requires the policy to condition pupil participation in extracurricular and cocurricular activities upon satisfactory educational progress in the previous grading period.

This bill would authorize the governing board of a school district to adopt, as part of the above-described policy regarding participation in extracurricular and cocurricular activities, provisions establishing a drug testing program for pupils in grades 7 to 12, inclusive. The bill would require an adopted program to include nicotine testing for athletic extracurricular activities, and authorize the program to include testing for alcohol and controlled substances. The bill would, among other things, require the basis for testing to be random and suspicionless, unless the school has a reasonable suspicion that a pupil used nicotine, or, if applicable, alcohol or a controlled substance. The bill would authorize an adopted drug testing program to condition the voluntary participation in athletic extracurricular activities on participation in the drug testing program, as provided. The bill would prohibit the results of these drug tests from being made available to criminal or juvenile authorities, except as provided, and would require the results to be shared with the superintendent of the school district or their designee, the coach of the extracurricular athletic team, and the pupil's parents or other person having legal custody, as provided. The bill would authorize a pupil drug testing program to require a pupil to participate in a diversion program as a condition of continuing to participate in athletic extracurricular activities upon at least 3 cumulative instances of a positive drug test.

Existing law prohibits a pupil from being suspended from school or recommended for expulsion, unless the superintendent of the school district or the principal of the school in which the pupil is enrolled determines that the pupil has committed a specified act, including, among other acts, that the pupil (1) unlawfully possessed, used, sold, or otherwise furnished, or had been under the influence of, a controlled substance, an alcoholic beverage, or an intoxicant of any kind, or (2) possessed or used tobacco, or products containing tobacco or nicotine products.

Existing law prohibits the suspension of a pupil who voluntarily discloses, in order to seek help through services or supports, their use of a controlled substance, alcohol, intoxicants of any kind, tobacco, products containing tobacco, or nicotine products solely for that disclosure.

This bill would additionally prohibit the suspension of a pupil who tests positive for a controlled substance, alcohol, intoxicants of any kind, tobacco, products containing tobacco, or nicotine products pursuant to an adopted pupil drug testing program solely for that positive test.

Existing law authorizes a principal or the principal's designee who, in their professional capacity, has knowledge of or observes a pupil whom they know, or reasonably suspect as evidenced by the pupil's apparent intoxication, has consumed an alcoholic beverage or abused a controlled substance, to report the known or suspected instance of alcohol or controlled substance abuse to the parent or parents, or other person having legal custody, of the pupil. Existing law prohibits a principal or principal's designee who so reports from being subject to civil or criminal liability, except as specified.

This bill would extend the above-described authorization to report to the parent or parents, or other person having legal custody, and related liability protections, to a principal or the principal's designee who knows or reasonably suspects that a pupil has used nicotine, as provided.