Pubdate: Fri, 15 Apr 2005 Source: Daily Press (Newport News,VA) Copyright: 2005 The Daily Press Contact: http://www.dailypress.com Details: http://www.mapinc.org/media/585 Author: Jim Winthrop RANDOM DRUG TESTING HAS MERIT I was dismayed to read the Daily Press editorial "Scary thought" (March 20) refer to nonpunitive random student drug testing as a "specter" and to dismiss the initiative as "an awful idea." Nonpunitive random student drug testing has definitive judicial and legislative support and merits serious consideration by the Williamsburg-James City School Board. Both the U.S. Supreme Court and the Virginia General Assembly have sanctioned such testing. In two opinions, one in 1995 and one in 2002, the Supreme Court held that nonpunitive random student drug testing does not constitute an unreasonable search in violation of the Fourth Amendment. In both opinions, the court balanced the student's Fourth Amendment rights against the school's legitimate interest in detecting and deterring drug abuse among student athletes and students participating in extracurricular activities, and found drug testing to be a reasonable means to protect the safety and health of the students. Subsequently, in 2003, the General Assembly passed a statute authorizing local school districts to establish drug testing programs. The Virginia Board of Education has since published guidelines for local school districts to follow in establishing such programs. Thus, there is strong judicial and legislative authority for the initiative. The editorial correctly points out that just because something is legal does not necessarily mean it is the prudent thing to do. In its 2002 opinion, the Supreme Court agreed, stating that "in upholding the constitutionality of the policy, we express no opinion about its wisdom." Moreover, the Supreme Court and the General Assembly acknowledged that the decision to implement student drug testing is one best left to local school districts who must determine the need for such testing. In Williamsburg-James City County, a group of concerned parents and students have collected a body of evidence supporting the need for such testing. Their arguments to implement a program, which is soundly endorsed by authoritative bodies, deserve an equally thorough and conscientious review by local authorities. Jim Winthrop Williamsburg - --- MAP posted-by: Larry Seguin