Pubdate: Fri, 18 Jan 2008 Source: Huntsville Times (AL) Copyright: 2008 The Huntsville Times Contact: http://www.htimes.com/ Details: http://www.mapinc.org/media/730 Author: John Ehinger, for the editorial board. Bookmark: http://www.mapinc.org/find?225 (Students - United States) Bookmark: http://www.mapinc.org/testing.htm (Drug Testing) FLAWED DRUG POLICY Madison's Plan Could Be Worse, But That Isn't Saying Much The superintendent of Madison City Schools has worked hard to come up with a fair and rational drug testing policy for students. His efforts have eased some concerns, perhaps even most concerns. But the proposed policy remains flawed. It may not violate basic constitutional protections, but it pushes government power right up to the very edge of individual liberty. If passed, the policy would apply only to students - middle and high schoolers - who drive to school or participate in extracurricular activities. The test involves a saliva sample, which removes the humiliation of having to urinate in a jar, as some programs require. The tests would be given at random. A student and a student's parent or guardian would have to give permission ahead of time. Where the student or parent refused to give permission, the student couldn't get a parking pass or take part in covered activities. So what happens if a student refuses the test or has a positive result? Nobody calls the police, and the student is not expelled or suspended. Instead, depending on the number of positive tests or refusals, the student would be subject to a series of penalties relating to extracurricular activities and parking. For a fourth positive test or refusal, the student would be banned from activities and denied parking privileges for as long as that student attends Madison schools. A system would be in place for a student to re-enter the testing program and regain lost privileges. The policy would treat refusal to take the test the same way it treats a positive result. It wouldn't matter if the student refused merely because he or she objected to the policy. The outcome - and the resulting stigma - would be the same. At the same time, it would be possible for a student to be a heavy drug user or even a drug dealer and still be in the school system unless other circumstances (possession, sale or evidence of use) came into play. Superintendent Dee Fowler and other officials have built in a number of safeguards against false positive results and so forth. They are very specific in the application of the policy only to students in extracurricular activities or who drive to school. But that is not because a broader policy necessarily offends officials' sensibilities. Rather, it's because the U.S. Supreme Court has drawn the line at such testing. One-way street Nothing in the policy provides any treatment for those who test positive. Fowler has said treatment isn't the school system's role. Indeed, it is not, but neither is it the system's role to try to combat every alarming trend in society as a whole or to attempt to overcome the effects of negligent parenting. Even if testing were necessary or desirable, wouldn't treatment or counseling meet the same standard? Editorials on this page have supported drug-testing for cause. Random drug testing of students goes too far. The provisions applying it to extracurricular activities and to parking are merely legal cover. If parents relinquish this power to the system of public education, what might they relinquish next? Without evidence of wrongdoing, the erosion of both rights and the individual's privacy hurtles society down what history has shown all too often to be a one-way street. What the Madison school board proposes could be worse, but that's hardly a recommendation. By John Ehinger, for the editorial board. - --- MAP posted-by: Jay Bergstrom