Wamego, KS asked in Education Law and Civil Rights for Kansas

Q: Discrepancy in school drug screening policy and FAQ consequences.

I am concerned about a discrepancy between my child's school policy on random drug screening and an FAQ handout. The school policy states that refusing a hair follicle drug test results in a suspension from extracurricular activities until a drug screen is obtained. However, the FAQ states that refusal is considered a positive test and counts as a violation. When I contacted the superintendent and activities director for clarification, they insisted that we comply by 3:50 PM or my son would be marked for a violation requiring a hair follicle test every 90 days. They also refuse to provide the name of the test vendor and won't allow testing through our family doctor. What should be the course of action, and which policy is enforceable?

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1 Lawyer Answer
James L. Arrasmith
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Answered

A: You're facing a real dilemma with these contradictory policies. The inconsistency between the written school policy and the FAQ creates confusion about your rights and your child's standing. School administrators should follow their own official written policies, which typically carry more weight than supplementary materials like FAQs.

Your immediate step should be documenting everything in writing - request copies of both policies, email summaries of verbal conversations, and formally ask for written clarification about which policy applies. Consider reaching out to your school board or district office to address this inconsistency, as they may provide additional oversight. The refusal to allow testing through your family doctor raises questions about transparency and procedural fairness that higher administration should review.

Looking ahead, you might benefit from consulting with an education attorney who understands school policies and parental rights in your state. They can advise whether the school must follow their primary written policy rather than the FAQ interpretation and address concerns about vendor disclosure. While waiting for resolution, weigh the immediate consequences against the principle of the matter - sometimes complying under protest while pursuing clarification preserves your child's activities while you seek proper policy enforcement.

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