Pubdate: Thu, 21 Feb 2008 Source: Knoxville News-Sentinel (TN) Copyright: 2008 The Knoxville News-Sentinel Co. Contact: http://www.knoxnews.com/ Details: http://www.mapinc.org/media/226 Author: Tom Humphrey SCHOOL DRUG-TESTING BILL ADVANCES House Committee Approves Measure That Would Affect Only Some Students NASHVILLE - Tennessee school systems could conduct random drug tests of all students involved in extracurricular activities, under legislation approved by the House Education Committee after lengthy debate on Wednesday. The U.S. Supreme Court has ruled that such random testing is permissible, but a 2007 state attorney general's opinion states that current state law prohibits it. Under present Tennessee law, a student may be tested for drugs only if there is a "reasonable individualized suspicion" that the youngster has used illegal drugs, Stephen Smith, lobbyist for the Tennessee School Boards Association, told the panel. Before the attorney general opinion was issued, at least two school systems - in Shelby and Warren counties - had implemented random drug testing for students involved in athletics or other activities, Smith said. Those programs are in jeopardy, he said, adding that other systems may want to implement a random drug-testing policy and that the bill, HB2858, would clear the way. "Parents, and even students, are very supportive of these programs," he said. "If we can prevent even one student from using drugs, we feel this would be a good move to make." Knox County schools do not have a random drug-testing policy, according to system spokesman Russ Oaks. The bill was criticized by some lawmakers. Rep. Larry Turner, D-Memphis, said that random drug tests would "drive a wedge of distrust" between students and their teachers, coaches and other school staff. Rep. Ulysses Jones, D-Memphis, said it struck him as unfair to make students involved in extracurricular activities subject to random testing when others - perhaps including "gang members walking around the school" - are not. Rep. Barbara Cooper, D-Memphis, questioned whether the test would involve "sticking kids with a needle." The bill's sponsor, committee Chairman Les Winningham, D-Huntsville, said the tests would only be of urine samples. He said there are no court decisions declaring random testing for all students as valid. The Supreme Court rulings state that requiring tests as a condition for involvement in extracurricular activity is permissible but left open the question of whether all youngsters - required to be in school by compulsory attendance laws - could be subject to testing. In response to questions from lawmakers, Smith and Chuck Cagle, a lawyer who specializes in representing school systems, said the results of random testing would be kept confidential and cannot be used for criminal prosecutions. "These policies are put into place to help students, not to punish them," said Cagle, adding that a positive result would trigger counseling and rehabilitation efforts. The bill ultimately was approved on voice vote, with only Turner officially asking to be recorded as voting no. It now goes to the Finance Committee. Sen. Jim Tracy, R-Shelbyville, is sponsoring the bill in the Senate, where it awaits a Senate Education Committee vote. In contrast, a bill to require random drug tests of teachers, principals and other school staff apparently is going nowhere. The bill, HB2777, was slated for a vote in subcommittee Wednesday, but the sponsor, Rep. William Baird, R-Jacksboro, said he has decided not to push it. Baird said the cost to school systems in a tight budget year likely means the measure cannot pass. Baird said the bill was inspired by the arrest of a Campbell County teacher on methamphetamine charges. Jerry Winters, lobbyist for the Tennessee Education Association, said the teachers organization opposed the measure as "insulting to professionals." - --- MAP posted-by: Derek