Pubdate: Thu, 09 September 1999 Source: New Times (CA) Section: Guest Commentary Contact: http://newtimes-slo.com/ Author: Kenneth P. Cirisan Related: http://www.mapinc.org/drugnews/v99/n862/a03.html, http://www.mapinc.org/drugnews/v99/n717/a06.html DRUGS, KIDS AND SCHOOL It appears that the powers that be on the local school boards have lost their minds. Recently, Superintendent Curt Dubost of Templeton Unified and Superintendent Pamela Martens of the Coast Unified school districts have jumped on the "let's send the dogs in" bandwagon in a misguided attempt to thwart perceived drug problems in their district schools. A few weeks ago, Dubost supported the idea of mandatory drug testing, which most certainly violates the equal protection and privacy rights of the students involved. Dubost bases his desire to randomly test athletes on a relatively recent U.S. Supreme Court case in which an Oregon school district, whose athletes were involved in heavy drug dealing, were allowed by the court to randomly test the athletes. The concurring justices in their opinion indicated that on that narrow set of facts they would allow such testing, implying that a broader use of such enforcement tactics would not be tolerated. To my knowledge, Templeton has no such athlete-driven drug ring and its athletes are not being injured because they are high on drugs, which was another reason that the Supreme Court allowed such testing in the Oregon case. In a recent Tribune article, Kelly Johnson, a member of the Rules Committee of Coast Unified, said that only parents who are opposed to such invasive tactics by an element of the state (the school district) are those less actively involved in the extracurricular activities of their schoolchildren. That seems to imply that people who believe in the constitutional right to privacy, equal protection, and due process of law are deadbeats rearing children. I find that mindset absolutely appalling. School violence across the nation has been on the decrease for years. So is student drug use, according to a recent statement from the federal Department of Health and Human Services. These facts should be the basis for any policy decisions instead of the hysteria upon which misguided law enforcement tactics by school officials are now being based - tactics that should be of concern to anyone who values constitutional freedom of privacy. No children should be subjected to the invasion and search of their bodily fluids by school officials without probable cause. If school districts wish to take on the role of law enforcement, they should be held to the same standard of proof as other law enforcement agencies. I also think that if school district administrators wish to randomly drug test students and sic the dogs on their belongings, the same standard should apply to the administrative offices and the individuals who are making these rules. If we are going to single out certain citizens, let's subject them ALL to searches of their persons and property while on school grounds - including superintendents Marten and Dubost and their staff. Anything less is hypocrisy. Kenneth P. Cirisan lives in San Luis Obispo. - --- MAP posted-by: Jo-D