Pubdate: Thu, 02 May 2013
Source: Arkansas Democrat-Gazette (Little Rock, AR)
Copyright: 2013 Arkansas Democrat-Gazette, Inc.
Contact: http://www2.arkansasonline.com/contact/voicesform/
Website: http://www2.arkansasonline.com/
Details: http://www.mapinc.org/media/25
Note: Accepts letters to the editor from Arkansas residents only
Author: Brenda Bernet

DISTRICT WEIGHING DRUG TEST FOR TEENS

Jasper School Board members are weighing whether a proposed 
drug-testing policy designed to prevent drug use among teenagers is 
worth the invasion of student privacy.

The School Board of the Newton County school district of 900 students 
will review the policy at its next meeting May 9. Board President 
Stacey Clark anticipates a vote on the policy but said the board 
could delay a decision and recommend revisions, he said.

"It's going to be a big decision for our district," he said.

Random drug-testing of students has been a topic of conversation for 
several months among School Board members and the communities that 
make up the Jasper School District. The Jasper School District also 
oversees schools in Kingston and Oark.

Ron Harder, policy service and advocacy director for the Arkansas 
School Boards Association, estimates that about half of the state's 
school districts require random drug-testing for students involved in 
school clubs and organizations.

Clark said he has received few comments and is undecided about the 
policy proposed for the Jasper School District.

"I think it's a good idea to have a policy in place," Clark said. "I 
don't like the idea of getting into our students' personal lives. If 
it helps one student get on the right path or change their direction 
in life, I think it would be worth it. I can see both sides."

School Board member Randy Treat said he has heard overwhelming 
support for the proposal.

"It would give these students a chance to say no," he said.

School Board member Todd Scarborough has concerns about drug testing 
students. He doesn't want students to use drugs, but he is not 
convinced that random drug testing of some students is effective in 
curbing drug use among teenagers. He said he is concerned about the 
cost of defending the policy if it's challenged in court and about 
placing additional responsibilities on the staff.

Existing policies set penalties for students caught using drugs at 
school, Scarborough said. The district has used drug dogs to sniff 
vehicles and lockers for drugs.

"This is a different issue for me," he said. "We're being invasive 
[with drug testing] based on random chance. I find that to be a 
little unfair. It's not something we should be focusing on."

The proposed policy would require all students to agree to random 
drug testing as a condition of participating in sports programs, 
performing arts groups and school clubs and for the privilege of 
parking at school. It would chiefly affect 280 students in grades 
nine through 12.

Drug-testing would occur monthly for between 2 percent and 15 percent 
of all students subject to drug-testing. A positive test only would 
restrict the student's ability to participate in competitions, 
presentations and activities at school and to park on campus. A 
positive result would not affect the student's academic record, and 
school officials would not report students to law enforcement.

Students would have to provide a urine sample if they are chosen for 
random testing.

A statewide survey of drug use among sixth-, eighth-, 10thand 
12th-graders conducted in the fall of 2012 found that the most common 
substances used by Newton County students are alcohol, cigarettes, 
chewing tobacco, marijuana and prescription drugs.

The Arkansas Prevention Needs Assessment Student Survey by Pride 
Surveys showed that 9.5 percent of all Newton County students 
surveyed reported routine use of marijuana, with 23.1 percent of 
12th-graders in the county reporting ongoing use. Statewide, 7.5 
percent of all students surveyed reported routine use of marijuana.

Among all Newton County students surveyed, 4.8 percent reported 
routine use of prescription drugs, with sophomores having the highest 
percentage of use at 9 percent. That also exceeded the statewide 
percentage of students, 3.5 percent, reporting routine use of 
prescription drugs.

The Jasper School District administration drafted the proposed policy 
at the request of the Jasper School Board, said Nicole Fairchild, the 
district's school-based health center coordinator who was involved in 
drafting the proposed policy. Administrators are not taking a 
position on whether the board should adopt the policy, she said.

Some community members support the idea, but others have questioned 
whether random drug testing is constitutional, Fairchild said.

School districts have to take care in crafting drug testing policies 
to avoid conflict with the Fourth Amendment, which protects the 
public from unreasonable searches by the government, said Kristin 
Gould, staff attorney for the Arkansas School Boards Association. 
School districts can legally defend policies that affect 
participation in extra-curricular activities because the court 
considers participation a privilege. School districts would have a 
more difficult time defending drug-testing as a requirement for 
attending school, which the court considers a right.

The Fourth Amendment also protects government employees from 
unreasonable searches, such as random drug screens, unless the reason 
for the test is a matter of public safety, Gould said. School 
districts can conduct drug searches on bus drivers or employees who 
drive school vehicles, but not as a part of the general employment 
process for classroom teachers.
- ---
MAP posted-by: Jay Bergstrom