BOARD REGULATION No. 6 series 2003
GENERAL GUIDELINES FOR THE CONDUCT OF RANDOM DRUG TESTING FOR SECONDARY
AND TERTIARY STUDENTS
Pursuant
to Section 36 (c), Article III of Republic Act No. 9165, the following
guidelines are hereby promulgated.
The
guidelines shall be applicable to the random drug testing of students in public
and private secondary, tertiary /higher education institutions and post –
secondary technical vocational schools. These guidelines outline the purposes
of the random drug – testing program, as we as procedures and necessary
consequences of a positive drug test result after confirmation.
All
procedures undertaken shall take into account the ideals of fairness and rehabilitation
and not isolation of the drug dependent. The school must not violate the
constitutional rights to due process, equal protection and self–incrimination.
A. GUIDING PRINCIPLES IN THE IMPLEMENTATION OF RANDOM DRUG TESTING IN
SCHOOLS AND MANAGEMENT OF DRUG TEST RESULTS
1. Government recognizes the
primary responsibility of the family, particularly the parent for the education
and awareness of its members of the ill effects of dangerous drugs.
2. Parental involvement shall
be maximized in the implementation of drug education, random drug testing,
treatment and rehabilitation and drug users and dependents.
3. The school, with the
assistance of Local Government Units (LGUs) and other agencies where the school
is located, has the obligation to employ every reasonable means to provide a
healthy and drug–free environment to its populace.
4. Cognizant of the right of
the students to continue and complete their studies, the government and the
schools shall give emphasis to the implementation of measures aimed at guidance
and counseling together with the treatment and rehabilitation of any student found
to have used or to be dependent on dangerous drugs.
5. Academic freedom of
institutions of higher learning shall be respected in the implementation of
random drug testing and all other pertinent provisions of R.A. 9165.
6. The implementation of drug
abuse prevention and education programs in schools shall be intensified as an integral
part of the over–all demand reduction efforts of the government.
7. The random drug testing
shall be implemented as a collaborative undertaking of the government, the
schools the students and their parents. The whole process shall not in any
manner be utilized to harass the students.
8. Random drug testing shall be
implemented primarily for prevention and rehabilitation.
9. The drug–testing program
shall guarantee and respect the personal privacy and dignity of the student.
10. The drug test results shall
be treated with utmost confidentiality.
11. The test results shall not
be used in any criminal proceedings.
B. PURPOSES OF RANDOM DRUG TESTING
1. To determine the prevalence
of drug users among the students.
2. To assess the effectivity of
school–based and community–based prevention programs.
3. To deter the use of illegal
drugs.
4. To facilitate the
rehabilitation of drug users and dependents.
5. To strengthen the
collaboration efforts of identified agencies against the use of illegal drugs
and in the rehabilitation of drug users and dependents.
C. DEFINITION OF TERMS
“Drug
Counselor”
shall mean a person trained in the techniques of guidance counseling
particularly dealing with cases of drug dependency. The Drug Testing
Coordinator shall designate such person.
“Drug Testing
Coordinator” shall
be the point person in the school tasked with handling random drug testing which
shall be the principal of a secondary school, the administrator of a technical
vocational education and training institution or the administrator appointed by
the president/chief executive officer in tertiary institutions.
“Parents” shall, for purposes of
these guidelines, include court appointed guardians.
“Random
selection”
refers to the unbiased process of selecting students who are to undergo drug
testing.
“Rehabilitation”
is the dynamic
process, including after–care and follow–up treatment, directed towards the
physical, emotional/psychological, vocational, social and spiritual
change/enhancement of a drug dependent to enable him/her to live without
dangerous drugs, enjoy the fullest life compatible with his/her capabilities
and potentials and render him/her to become a law–abiding and productive member
of the community.
“Schools” shall mean an institution
that has its primary purpose the education of students including secondary,
tertiary and technical vocational education and training institutions.
“Selection
Board”
shall be the board constituted at the level of the school composed of the Drug
Testing Coordinator as chairperson, one representative each from the students,
faculty and parents as members. The authorized governing body duly recognized
by their respective members. The authorized governing body duly recognized by
their respective constituents shall choose the representatives from these
stakeholders based on a set of selection criteria formulated for this purpose. In
the absence of a parents’ association, the School Head may appoint any parent
who shall be a member of the Selection Board.
“Supervising
Agency”
shall refer to the government agency that exercises supervision over the school
such as the Department of Education (DepEd), Commission on Higher Education
(CHED), or the Technical Education and Skills Development Authority (TESDA).
D. PROCEDURES IN THE CONDUCT OF RANDOM DRUG TESTING
1. Notification
a. The Supervising Agency through an appropriate order that includes these
guidelines on random drug testing, shall inform all schools under its
supervision about the government’s actions against illegal drugs.
The schools’ administration shall be required to
explain these provisions and their procedures to the school community and when
applicable, include these in the schools’ handbook or listing of procedures.
(The Supervising Agencies’ Memorandum Circulars
should include a list of DOH– accredited Testing Centers/Laboratories)
b. All students and their parents shall be notified in writing on the
process and manner by which the random drug testing shall be conducted. Such notification
may be sent at any time during the school term. Failure to return the
acknowledgement receipt shall not be a bar to the conduct of the drug testing.
2. Samples
a. The Supervising Agency shall inform randomly selected schools on their
inclusion in the random drug testing program.
b. The whole student population of the school selected shall be included
in the random sampling.
c. The number of samples should yield a statistical 95% confidence level
for the whole student population.
3.
Selection of Samples
a. The Drug Testing Coordinator shall convene the Selection Board within
five days from the receipt of notice from the Supervising Agency stating that
the school is included in the program.
b. On the day of the testing, the selection Board shall conduct the random
selection of those to be tested.
c. The Selection Board shall ensure the confidentiality and integrity of
the random selection process.
d. The selection process shall be random through a lottery, which may be
computerized, or in any other manner that shall be agreed upon by the Board.
e. The random selection of students and the drug testing shall be done on
the same day.
f. Prior to testing, the selected students shall be asked to reveal the
prescription medicines, vitamins, food supplements that they had ingested
within the past five (5) days. The Drug Testing Coordinator shall keep the
listing and utilize this in the evaluation of the confirmatory drug test.
g. The laboratory shall follow the DOH prescribed guidelines in the
collection of urine specimens. Universal precautions shall be observed at all
times. DOH Prescribed Guidelines shall be posted in strategic places/visible
areas of the school.
h. The monitor assigned to ensure the integrity of the collection process
should be of the same sex as the student.
i. The drug testing shall be done in the school and conducted by a duly
accredited drug–testing laboratory. The school, through its respective health
personnel, shall assist the Drug Testing Laboratory in the conduct of the drug
testing.
j. The Drug Testing Coordinator shall ensure the confidentiality and
integrity of the random drug testing for the students, teachers, administration
and personnel of the school. It is strongly recommended that the drug tests for
students, the teachers, administration and personnel be done simultaneously.
4. Treatment of Random Drug
Test Results
a. The results of the test shall be strictly confidential. No school shall
publish or post results whether positive or negative.
b. Any person who violates the rules of confidentiality of the results and
selection shall be liable under Section 72 of R.A. 9165 and such other
appropriate laws.
c. The laboratory shall place the drug test result in a sealed envelope
and deliver the same via personal service to the Drug Testing Coordinator. The Drug
Testing Coordinator shall then inform all the students tested individually of
the test results.
d. In case the test results are positive, the Drug Testing Coordinator
shall inform both the student and parent concerned that a confirmatory test
shall be conducted. The student shall be told to inform his/her parents of the
schedules conference with the Drug Testing Coordinator. The student shall be
advised to refrain from revealing the test results to other persons.
e. During the schedules conference, the Drug Testing Coordinator shall
relay to the parents full information on the process that shall be undertaken
for the confirmatory test.
In the event that the parents do not appear on the
scheduled conference, the student shall be informed of the schedule of the
confirmatory test.
f. The confirmatory drug test shall be conducted in the same manner as the
initial drug test.
g. The results of the confirmatory test shall be transmitted by the laboratory
in a sealed envelope and handed directly to the Drug Testing Coordinator.
h. The Drug Testing Coordinator shall inform both the parents and the
students of the results of the test.
i. The Drug Testing Coordinator shall not delegate such task of informing
the student and parent to any other person, nor shall the Drug Testing Coordinator
reveal the results of the test to any person other than the student and parent.
j. First time positive confirmatory drug test result shall not be a ground
for expulsion or any disciplinary action against the student.
k. The Drug Testing Coordinator shall refer the student and his/her parent
to government–owned DOH–accredited facility or DOH–accredited government
physician to determine student’s dependency level.
l. The student may opt for a private DOH–accredited facility or physician
for this initial determination provided it is at his /her own expense.
m.
In the event that it is determined that the student is a drug
dependent, the school may impose the appropriate sanctions against the student
as provided for in the school’s Student Handbook and the Manual of Regulations
for Private Schools, provided that in the case of public secondary schools, if
the student is later on found to have been rehabilitated, the student shall
then be allowed to re – enroll.
n. The student shall then undergo a three (3) month observation and
counseling period under the supervision of the DOH–accredited facility or
physician in consultation with the parent. Such process of observation and
counseling shall be done in coordination with the Drug Counselor of the school.
o. At the end of the three months, it is hoped that with the counseling
done, the student will be properly rehabilitated.
If student shows no signs of improvement, recovery
or fails the drug test the second time, the DOH–accredited facility or
physician, may make a recommendation to the student, parent, and Drug Testing Coordinator
to have the student referred to a DOH–accredited facility suited to the student’s
level of dependency. If another drug testing is conducted for another period on
the same student population, and the student is found positive the second time,
the school shall proceed in accordance with Section 61, R.A. 9165.
The parent and the student may choose to enroll the
student in a private rehabilitation center or program or opt to avail of the
rehabilitation services of the government through a DOH–accredited facility.
If the parents refuse to act, the school shall
proceed in accordance to Section 61 of R.A. 9165 without prejudice to the
provision of Section 73, R.A. 9165.
E. REPORTORIAL REQUIREMENTS OF RESULTS OF THE RANDOM DRUG TESTING
1. The Drug Testing
Coordinator, Drug Counselor and employee of DOH–accredited facilities, testing
laboratories, shall not reveal the names of the students or test results to any
other persons except to the student concerned or his/her parents.
2. The aggregate test results
from each school which shall not include the identities of the students tested,
shall be submitted by the School Head to the Division Superintendent of DepEd
for secondary schools, the Regional Director of CHEd for tertiary schools and
Training Institution Administrator for TESDA for consolidation for the purpose
of evaluating the efficacy and effectiveness of drug abuse prevention programs.
F. TRAINING OF GUIDANCE COUNSELORS
The Department of Education, Commission on Higher
Education, Technical Education and Skills Development Authority, the Philippine
Drug Enforcement Agency and Dangerous Drugs Board in coordination with each other,
shall formulate and conduct the training program for guidance counselors for
the purpose of enhancing their skills in handling drug abuse prevention programs
and handling drug dependency cases.
G. EXPENSES OF THE PROGRAM
The Department of Health, in coordination with the
Supervising Agencies shall designate the drug testing laboratories that shall
be utilized for purposes of the program.
Payment of testing fees shall be done by the government
thru Department of Health to the Drug Testing Laboratories.
H. ENFORCEMENT OF COMPLIANCE
Students who refuse to undergo random drug testing shall
be dealt with in accordance with the rules and regulations of the schools; provided
that at no time shall refusal to undergo testing give rise to a presumption of
drug use or dependency; provided further that the school may impose sanction on
such refusal other than the offense of drug use or dependency.
Schools that refuse to implement the random drug
testing program shall be liable under Section 32 of R.A. 9165 without prejudice
to other administrative sanctions imposed by the Supervising Agencies. The Supervising
Agency shall report the same to the Philippine Drug Enforcement Agency (PDEA)
and the Dangerous Drugs Board (DDB).
SEPARABILITY CLAUSE
If
any provision of these guidelines or the application thereof to any person or
circumstance is held to be invalid, the other provisions of these guidelines
and the application of such provision to other persons or circumstances shall
not be affected thereby.
ADOPTED
and APPROVED this 1st day of August 2003 at Camp Crame, Quezon City.
JOSE
D. LINA, JR.
Secretary
of Interior and Local Government and
OIC
Chairman of Dangerous Drugs Board
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