Pubdate: Sun, 03 Sep 2006 Source: Wichita Eagle (KS) Copyright: 2006 The Wichita Eagle Contact: http://www.kansas.com/mld/kansas/news/editorial/4664538.htm Website: http://www.wichitaeagle.com/ Details: http://www.mapinc.org/media/680 Author: Icess Fernandez Bookmark: http://www.mapinc.org/testing.htm (Drug Testing) Bookmark: http://www.mapinc.org/find?225 (Students - United States) El Dorado District MORE FACE DRUG TESTS FOR SCHOOL Nearly every middle and high school student in the El Dorado school district will be tested for drug and alcohol use this year. Any student in seventh grade or higher who wants to participate in extracurricular activities must agree to undergo a mandatory drug test. That includes students who play in the band, join the math club, attend a homecoming dance, take drivers education in the summer, participate in a spelling bee or park in the school parking lot. It isn't unusual for districts to test athletes, and many districts will test students who are suspected of being under the influence of drugs. El Dorado's new policy is different in that the district expanded what is considered an extracurricular activity. Superintendent Tom Biggs said the definition was broadened to make students safe. "We passed our policy to be proactive," he said. Some parents and students say the policy invades students' privacy. Others say it's a necessary step to protect kids. Intentional Inclusion The district cites two U.S. Supreme Court cases that it said allow it to do the testing. One case allowed mandatory drug testing among student athletes. The second, an Oklahoma case, allowed for random testing among middle and high school students participating in extracurricular activities. El Dorado's policy intentionally includes more students, Biggs said. "One of the discussions that was had was that there was a lot of random testing policies that just deal with kids in athletics," he said. "We felt we needed to include as many kids as we possibly could." The policy is a result of a presentation students made to the school board in 1999. Biggs said board members tabled the issue then because of how much it would cost to do the testing. The idea was brought back up by new school board members this year. Staff members looked at other school districts' policies in other parts of the country. The school board adopted the policy in June as a preventive measure, Biggs said. "By having a policy in place we have a program that provides the best learning setting for students as we possibly can," he said. Students who participate in extracurricular activities must sign a form allowing the testing at the beginning of the year. Their parents must also sign. Those students then will be chosen at random to take the urinalysis drug test. Students will be tested at least once a year. The district will pay $25 per student per test. It plans to spend $10,000 to $12,000 on the tests, which will be done by an El Dorado company. Students who test positive for drugs or alcohol won't be allowed to participate in extracurricular activities for two weeks and will be subject to additional testing. They must also go through an assessment program paid for by their parents to determine the extent of drug or alcohol use. The second time a student tests positive he or she will be required to go through a substance abuse program approved by the district, which also must be paid for by the parents. If a student wishes to appeal the results, parents must pay for the retest. Where to Draw the Line Martha McCarthy, chancellor's professor and the chair of education leadership and policy studies at Indiana University at Bloomington, said El Dorado's policy is right on the border line of U.S. Supreme Court rulings dealing with student drug testing. "You can always test kids that are suspicious," said McCarthy, who specializes in educational law. "What is controversial is testing the suspicious-less. It sounds like they are pushing the legal definition." Testing every student without a reason could be legally dangerous for school districts, she said. Some school districts include driving to school as part of extracurricular activities. But El Dorado's definition also includes attendance at dances and school plays. That expanded definition of an extracurricular activity makes El Dorado's policy unusual, she said. "I've not seen that," she said. "But it's not to say that it couldn't be upheld (in court)." Brett Shirk, executive director of the American Civil Liberties Union of Kansas and Western Missouri, said he hadn't heard of a policy that makes drug testing mandatory to attend dances and plays. "It's extreme and it's alienating students," he said. One issue with testing students for drugs is getting an incorrect result or a false positive if a student is on medication, Shirk said. "There are a lot of drugs over the counter that could be picked up that are legal and can be seen as a different substance," he said. El Dorado allows students who test positive to bring a doctor's note if they are on any medication that could affect the test. Some Won't Sign David King, whose 18-year-old daughter Rebecca is a senior at the high school, isn't happy with the new policy. "It's a giant waste of money," he said. King said he found out about it during the district's enrollment period in August. Rebecca King said she won't sign the consent form for the drug test. Students who don't sign are not allowed to participate in activities. "We have nothing to hide," she said. "They are not trying to help us. We're trying to be educated and graduate." Rebecca, who regularly goes to games and dances, parks a half a block away from the school. She said she's prepared to not go to her senior prom. "I went last year and it wasn't anything special," she said. Pam Coley, who has two daughters attending the high school, said she thinks the policy will help a lot of kids stay drug-free. "The ones that have things to hide don't like it," she said. "There is a drinking problem in this area. We are trying to prevent them from hurting themselves." Coley was one of the parents who commented on the new policy. "When kids are in high school, they don't have a lot of rights," she said. "Really we are more trying to prevent problems." - --- MAP posted-by: Richard Lake