Pubdate: Sat, 02 Feb 2002
Source: Yankton Daily Press & Dakotan (SD)
Copyright: 2000 Yankton Daily Press & Dakotan
Contact:  http://www.yankton.net
Details: http://www.mapinc.org/media/1046
Author: Joe Kafka,  Associated Press Writer

BILL ADDRESSING STUDENT ACTIVITIES FAILS

PIERRE -- An effort that failed Friday in the South Dakota Legislature 
would have given school boards some discretion in handling students who are 
barred from extracurricular activities because of drug convictions.

Supporters said the current law is too harsh. The law, passed in 1997 at 
the request of Gov. Bill Janklow, requires a one-year suspension from 
extracurricular activities for a first-offense drug conviction; a second 
conviction requires permanent suspensions from athletics, band and other 
activities.

HB1119, offered Friday by Rep. Casey Murschel, R-Sioux Falls, would have 
provided 60-day suspensions for initial convictions of students who see 
counselors and get treatment, if recommended. The measure would have 
provided 120-day suspensions for repeat offenders if they were evaluated by 
drug counselors and completed at least 60 hours of counseling or a 
treatment program.

Only students convicted of drug possession would have qualified for shorter 
suspensions from extracurricular activities. Drug sellers were to be excluded.

Murschel said the bill, which was killed 7-6 by the House State Affairs 
Committee, would have allowed school boards to decide on a case-by-case 
basis if students should be given second chances.

''We know that youth make mistakes,'' she said.

Urging support for the bill, Dianna Miller, lobbyist for several large 
school districts, said the current law is too tough. In addition to 
punishment, students who use drugs should also get help, she said.

''If we can intervene early with an assessment and a counseling program, 
perhaps we can turn that young person around,'' she said.

Simply excluding students from extracurricular activities does nothing to 
help them, Miller said. ''Sometimes activities are the caveat that keeps 
kids in school,'' she added.

Brent Wilbur, lobbyist for the governor, opposed the bill. Younger students 
often look up to those who are in sports or other activities, and it would 
send the wrong message to relax penalties for those caught with drugs, he said.

''With this bill, you could have convicted felons playing high school 
sports and engaging in other high school activities,'' Wilbur said.

The names of 493 students who were convicted on drug charges have been 
turned over to the state High School Activities Association in the last two 
years, he said. Many other students avoided suspensions from 
extracurricular activities because they were not convicted, but were 
instead put on informal probation, he said.

Rep. Mel Olson, D-Mitchell, said alcohol is a bigger problem for teen- 
agers than drugs. Shouldn't students who get busted for drinking also be 
suspended from activities? he asked. And how about teens who break far more 
serious laws but are not currently barred from going out for basketball or 
other activities? asked Olson, who is a teacher.

''I have difficulty understanding why my starting five can be a rapist, an 
aggravated assaulter, a drunkard, a vehicular homicide person ... but the 
kids who smokes marijuana cannot,'' he said.
- ---
MAP posted-by: Keith Brilhart