Pubdate: Sat, 27 Aug 2005
Source: Kansas City Star (MO)
Copyright: 2005 The Kansas City Star
Contact:  http://www.kcstar.com/
Details: http://www.mapinc.org/media/221
Author: Kelly Wiese, AP
Bookmark: http://www.mapinc.org/youth.htm (Youth)

LAW BANS CHILDREN FROM SHARING PRESCRIPTION DRUGS AT SCHOOL

JEFFERSON CITY, Mo. - Farmington Senior High School Principal David Waters 
watched as some students were hospitalized after taking prescription 
medicines they shouldn't have, and he knew they needed help.

But it was tough to get them services through the juvenile justice system.

So he fought for - and succeeded in getting - a new law that specifically 
makes it a crime for pupils to distribute prescription drugs to others, or 
to possess them, no matter the type, on school property without a valid 
prescription.

The legislation is one of many Missouri laws taking effect Sunday.

But it also has a wrinkle: Legislators passed, and the governor signed, two 
versions of the measure, and they apply to different ages. That's among the 
disparities in a handful of laws that legislators plan to resolve when they 
meet for a special session early next month.

Meantime, the differences between the two versions could cause some 
confusion for school officials and law enforcement.

One applies the prohibitions on possessing or distributing drugs while on 
school property - public or private - to anyone younger than 21, while the 
other applies to those less than 18 years old. Violators face a misdemeanor 
charge, which escalates with repeat offenses.

The law exempts those authorized by school officials and emergency personnel.

Most school districts already have policies about prescription drugs, the 
Missouri School Boards Association said. The main change the law will bring 
is to allow school officials to go beyond academic punishment for those who 
violate the policy.

Generally, even pupils who need their own medication hand it over to school 
officials to dole out when needed, said Kelli Hopkins, an attorney and 
director of education policy services for the association.

"It didn't change policy per se," she said. "The big difference might be 
that because now there's a specific crime they can refer to, the district 
could choose to report it to the police."

Waters said referring children to juvenile authorities gives them access to 
counseling, drug treatment and other support services, along with 
probation, where they could be tested to ensure they don't take the drugs 
again.

"We weren't interested in seeing kids locked up necessarily, but there are 
a number of things available by all of us working together," he said.

His eastern Missouri high school of 1,200 students had about a dozen 
incidents with prescription drugs last year, he said, more than the school 
faced regarding alcohol or marijuana.

"It's an emerging problem for us," he said.

The school board group, which creates sample policies for districts on 
various topics, said about 290 of the state's 524 districts use its 
service, though they may tweak the wording to fit local needs.

The association already has a policy on prescription drugs and general drug 
and alcohol abuse. With the new law, Hopkins said, a line may be added 
spelling out that possessing or distributing prescription medicine on 
school property without a prescription could lead to criminal charges.

The discrepancy in applying the restrictions to those under 18 or those 
under 21 really won't affect school discipline policies, which generally 
apply simply to pupils, she said, but could affect the legal side.

For now, the association is telling districts they're safe referring 
matters to law enforcement for those younger than 18 and that it's keeping 
tabs on what lawmakers do.

Sen. Kevin Engler said Waters brought the idea to him and that a tough part 
was convincing him and others the law didn't already cover such drug sharing.

"Nobody's thought through it and said, 'We've got this problem of legal 
drugs being taken to school,' because the drugs themselves were not 
illegal," said Engler, R-Farmington. "Some of these kids needed help. They 
needed to be forced into ... taking treatment or seeking counseling."

Engler said the plan is to make the law apply to those younger than 21 to 
ensure it covers everyone.

The Missouri Association of Secondary School Principals also said the law 
will simply allow school officials to bring concerns to authorities as well.

"It probably aligns the state laws more with school policies," executive 
director Jim King said.

King said determining at what age students fall under various criminal 
provisions often arises at high schools.

"Principals fight that all the time in the gray issues. Are they really 
under juvenile code or not? But for school policies they don't 
distinguish," he said.

- ---

Prescription medicine policy is in SB254 and HB353.
- ---
MAP posted-by: Elizabeth Wehrman