Pubdate: Wed, 31 Mar 2004 Source: Palm Beach Post, The (FL) Copyright: 2004 The Palm Beach Post Contact: http://www.gopbi.com/partners/pbpost/ Details: http://www.mapinc.org/media/333 Author: Kimberly Miller Bookmark: http://www.mapinc.org/youth.htm (Youth) Bookmark: http://www.mapinc.org/testing.htm (Drug Testing) BILLS BACK DRUG TESTING IN MIDDLE, HIGH SCHOOLS TALLAHASSEE -- Jenny Watkin is president of Boca Raton High School's student council and a member of the varsity soccer and bowling teams. She has a GPA of 3.6 and is headed to Florida State University in the fall. She says her active student life leaves no time for illegal drug use, yet next year, students such as Watkin, 18, could find themselves being tested if bills making their way through the Florida Legislature become law. The bills (HB 113, SB 1838) would give school boards more power to require drug testing of all middle- and high school students participating in any extracurricular activity, whether it be the chess club or the varsity football team. The two proposals are finding mostly favorable responses among legislators, who tentatively approved the House bill Tuesday. The matching Senate version goes to the education committee today. "This bill works on the fear factor," said the House bill's sponsor, Rep. Ed Homan, R-Tampa. "It will discourage serious athletes who want to go to college from doing drugs." It is not the only drug-testing bill on the agenda this year. Another House bill (HB 861) would require schools to test 5 percent of student athletes for performance-enhancing drugs as a condition of membership in the Florida High School Athletics Association. The bill, sponsored by Rep. Marcelo Llorente, R-Miami, has passed the House's education committee but has no matching legislation in the Senate. Some Palm Beach County students and educators said they have no problem with the drug-testing bills. "I don't think it's that big of a deal," Watkin said. "I think it would be a deterrent." But she said she doesn't see a widespread problem at her school. Watkin's principal, Geoff McKee, also is not opposed to testing, even though it would mean that 60 percent of his 1,800 students could face drug testing because of their participation in extracurricular activities. "I don't think drug use is a rampant problem, but if students have the knowledge they could be tested, it gives them another reason not to indulge," McKee said. "I don't want it to create a police environment, but the added accountability could be good." School boards already have the implied power to drug test, and at least six Florida counties perform random testing on students, legislative staffers say. The staffers didn't have specifics on which counties currently drug test. But they don't include Palm Beach, Martin or St. Lucie counties, spokesmen for those districts said. The bill could give more confidence to school boards worried about lawsuits, Homan said. "I'm just saying 'Yes, you can do this,' " Homan said. "I'm trying to lessen the concern of school districts that say it's a good idea but we don't want to go to court over it." That's exactly the concern of some administrators in Martin County. Assistant Superintendent Hank Salzler said there are still too many legal challenges and problems with student privacy rights for Martin to start drug testing. "We don't need to be the pioneer in the court challenge arena," he said. A Senate analysis of the Fourth Amendment, which prohibits unreasonable search and seizures, said that as long as the collection of urine or saliva for drug testing is done randomly or in a "suspicious-less" manner, it is considered reasonable and supported by the courts. One of the challenges that could face Llorente's bill is that it targets athletes and could be seen as less random than a bill that would cover all extracurricular activities. However, a House staff analysis of court records said that the U.S. Supreme Court in 1995 did allow drug testing of athletes as long as the tests did not look for other conditions such as illness or pregnancy and the results were shared with a limited number of people. Another concern for school districts is cost. Llorente's bill, which would test students only for steroid use, could cost as much as $110 per test because of the limited number of labs in the country that can test for performance-enhancing drug use. Testing 5 percent of athletes statewide could amount to $1.2 million a year. That amount is not included in the House's proposed budget and school districts could wind up having to pick up the cost on their own. Homan's proposal that would test all extracurricular students for various drug use would cost between $15 and $56 per test, a tab that would have to be picked up by school districts. - --- MAP posted-by: Jay Bergstrom