Pubdate: Fri, 05 Jul 2013
Source: Tennessean, The (Nashville, TN)
Copyright: 2013 The Tennessean
Contact: http://www.tennessean.com/SITES/OPINION/submit-editor.shtml
Website: http://www.tennessean.com/
Details: http://www.mapinc.org/media/447
Author: Jennifer Easton

SCHOOL BOARD TO ADOPT DRUG TEST POLICY FOR STUDENTS

Methods vary across district

Some Sumner County high schools have drug tested students for decades
even though the Board of Education doesn't have a formal policy on the
practice. How high schools across the county handle drug testing is
inconsistent and the issue needs to be addressed before school starts
in August, Director of Schools Del Phillips and Portland school board
member Glen Gregory said at the board's June 18 meeting.

"(Right now) we have a kind of a mix of how and whether drug testing
is happening or not happening and what groups are being tested,"
Phillips said.

Currently, five Sumner high schools are randomly drug testing students
involved in extracurricular activities, while Merrol Hyde Magnet
School, Station Camp High and Beech High are not, according to Jeremy
Johnson, spokesman for Sumner County Schools.

"We've been doing this a long time; it's nothing new," Phillips said.
"My problem is that we don't have a policy on the books."

Judges have heard several court cases dealing with drug testing of
students -- particularly of athletes -- since the "war on drugs"
campaign of the 1970s and 80s. A 1995 U.S. Supreme Court decision
upheld random drug testing of athletes, ruling that students' privacy
rights did not outweigh the interest of schools in trying to rid
campuses of drugs. In a 2002 review of the case, the U.S. Supreme
Court further ruled random drug testing of students involved in any
extracurricular activity as constitutional.

Tennessee has allowed drug testing of students in some form since the
passage of the School Security Act of 1981, and it has required school
boards to adopt a policy spelling out procedures and guidelines before
a drug testing program may be implemented. It's not clear why the
Sumner school board doesn't have a current policy, but Gregory, a
former school administrator, recalled that drug tests of students
first began in the county in the mid 1980s at Gallatin High School.

A policy is needed to comply with state law, but also because schools
have varying methods when it comes to drug testing, Gregory said.

"I'm not sure we have any two schools doing it alike," he said. A
uniform policy would require all schools to be on the same page.

Who can be drug tested?

The board's draft policy up for consideration mirrors state law. It
allows principals to order drug testing for any student only when
there's reasonable cause to believe they have violated the district's
zero-tolerance policy, such as when locker searches produce evidence
of drugs and alcohol, or when a student appears to be under the
influence at school.

"Tennessee law is pretty clear: if you've got suspicion, you can test
them," board Attorney Jim Fuqua said. "They don't have to be athletes
or involved (in voluntary activities)."

"If you've got suspicion, it's a whole different deal," he
said.

The school district doesn't need parental consent when reasonable
cause or suspicion is a motive. However, schools are required to
notify parents in writing of the policy at the beginning of each
school year and before a student is tested. If a student declines the
test, they're automatically suspended.

The rules are different for extracurricular clubs and sports. Students
involved in voluntary activities may be randomly drug tested and
parents are required to sign consent forms as a condition of
participation. Zero-tolerance does not apply -- state law is clear
that when a student randomly tested for drugs or alcohol turns up a
positive result, they may not be suspended or expelled because of it.
The board's policy is not clear about what, if any, consequences or
action might be taken, but does say students will be given referral
information for counseling.

A chance to say 'no'

Drug testing is an effective, preventative measure that gives students
a convenient way to say "no" when confronted by peer pressure, said
Westmoreland Principal Rick Duffer.

Each school year, Duffer said he meets with students involved in
extracurricular activities and explains the school's drug testing
policy, letting them know they could be tested and why.

Three to five students are picked at random from each of the school's
athletic rosters and list of band participants. School club members
are not tested, Duffer said.

"We feel like what we're testing for is the same things most students
have access to, like marijuana, cocaine, narcotics," he said. "We do
not test for steroid use." Each test costs about $25 and is paid by
the school, he said.

Rarely does a student test positive, but when they do, they're
suspended from competitive play for 30 days and retested at their
parent's expense, Duffer said. The student is also required to go to
three counseling sessions.

"If they refuse any part of that, then they're no longer eligible for
any type of extracurricular activities," he said.

The board could take up the issue as early as its next voting session,
scheduled for July 16 at 6 p.m. at 695 E. Main St. in Gallatin.
- ---
MAP posted-by: Matt