Pubdate: Sat, 22 Jul 2006 Source: Sedalia Democrat (MO) Copyright: The Sedalia Democrat 2006 Contact: http://sedaliademocrat.com/ Details: http://www.mapinc.org/media/1801 Author: Matt Bird-Meyer, The Sedalia Democrat Bookmark: http://www.mapinc.org/testing.htm (Drug Test) BOARD TO DISCUSS DRUG TESTING The Sedalia school board will discuss a proposed student drug testing policy and an attorney's opinion of the legal risks Monday. The Board of Education put off its decision July 10 on randomly drug testing students involved in extracurricular activities. Board members wanted a legal opinion and a draft policy. The meeting is set for 7 p.m. Monday at Smith-Cotton High School and is open to the public. The district surveyed 162 Smith-Cotton High School students in May about drug use at the school. Fifty-five percent of the students favored drug testing only student athletes. The proposed testing policy would require all students involved in extracurricular activities to sign a consent form to be randomly selected for a drug test. The policy outlines suspensions from activities for positive tests, an appeal procedure, student confidentiality, and the district's role in helping parents seek drug counseling for students. Superintendent Doug Ebersold said he will discuss the availability of insurance to help pay for counseling if a student were to test positive. A student would be suspended from activities for 28 days for testing positive, 52 weeks for a second offense, and for the remainder of the student's enrollment at the school for a third offense, according to the draft regulations. The proposed regulation also requires one staff member be tested at random. Dr. Ebersold said the method of selecting a staff member would need to be worked out if the policy is approved. The testing program would cost about $7,500, according to Dr. Ebersold. Money used to pay for the district's Sedalia Taking a New Direction program and for security cameras at the junior high and high schools could pay for the testing program, Dr. Ebersold said. Students involved in STAND talk to elementary school students about the dangers of drugs and how to resist peer pressure, Dr. Ebersold said. Cylinda Brasher, an attorney for the district, cited U.S. Supreme Court cases that support drug testing in schools under certain conditions. A district must have documented evidence to show the need for drug testing and that it has unsuccessfully tried other ways to fight drug use, according to the 1995 case Vernonia School District vs. Acton. Dr. Ebersold said district information shows a "minute number" of student athletes, between two and five per year, were caught with drugs, alcohol or tobacco during the past five years. He said it is difficult to quantify the success of the district's drug and alcohol awareness programs, such as the mock car crash before prom and STAND. Ms. Brasher's memo to the board said some of the risks associated with drug testing students include possible changes in law and ongoing testing expenses. "Moreover, the district will be at risk for legal claims arising out of alleged violation of privacy rights, confidentiality and due process, (as) well as for alleged claims of discrimination with respect to the treatment of individual athletes," Ms. Brasher wrote. - --- MAP posted-by: Richard Lake