Pubdate: Fri, 02 May 2014
Source: Plain Dealer, The (Cleveland, OH)
Copyright: 2014 The Plain Dealer
Contact: http://www.cleveland.com/plaindealer/letter-to-editor/
Website: http://www.cleveland.com/plaindealer/
Details: http://www.mapinc.org/media/342
Note: priority given to local letter writers
Author: Patrick O'Donnell
Bookmark: http://www.mapinc.org/testing.htm (Drug Testing)

LAW DOESN'T ALLOW FOR THE KIND OF DRUG TESTING ADOPTED BY ST. 
IGNATIUS, ST. ED'S AND GILMOUR IN PUBLIC SCHOOLS

CLEVELAND, Ohio - The drug testing program that three Catholic 
schools in the area will start this fall won't be coming to your 
public school district.

It can't. The U.S. Constitution probably won't allow it.

But your school could easily start a lesser one. It could follow the 
lead of several Ohio districts, including Brunswick, Highland and 
Vermilion, who test students participating in extracurricular activities.

Gilmour Academy, St. Edward and St. Ignatius high schools announced 
on Tuesday plans to drug test every student this fall, followed by 
random tests throughout the year.

Officials at all three schools say they don't intend to punish 
students who have used drugs, but to counsel and advise them. And all 
three cited the region's growing heroin problem as a major reason for 
starting the tests.

It's a problem that involves all youth in the county, whether at 
colleges or at public, private and parochial schools. But the private 
schools have a lot more leeway to test students, say legal experts 
contacted by The Plain Dealer. Students go to private schools by 
choice and can go elsewhere if they don't want to be tested, they 
said, but public school attendance is required and a public education 
is a service open to everyone.

Multiple court rulings have found that forcing students to submit to 
urine tests, mouth swabs or removal of hair for drug testing, just to 
attend class, is an invasion of privacy.

When Vermilion was considering testing all students two years ago, 
the American Civil Liberties Union of Ohio warned the district that 
doing so would open the district up to a legal challenge. The school 
board opted to instead test a smaller group of students.

"The U.S. Supreme Court has not signed off on mandatory testing of an 
entire student body," said Mike Brickner, spokesman of the ACLU of 
Ohio. He said drug tests without reasonable suspicion that person is 
engaged in illegal activity violate the Fourth Amendment.

Hollie Reedy, chief legal counsel of the Ohio School Boards 
Association, had a similar view of the law and the multiple lower 
court rulings.

"The guarantee of a free public education isn't contingent on a 
search of that intrusive nature," said Hollie Reedy,

But if you want to sing in the Glee Club? Work on projects with the 
robotics club? Sit on student council? That's another story.

A U.S. Supreme Court decision in 2002 cleared the way for schools to 
test students involved in athletics, any school club or any other 
extracurricular activity. Even students that buy a parking pass at the school.

Since those activities are not part of typical classes, Reedy said, 
students don't have the same rights. Grades aren't dependent on them 
and graduation doesn't depend on them, she said, so the court made 
them exceptions.

"The nation's highest court has blessed the drug testing of students 
who participate in extra-curriculars," she said. "That's something 
that has been ruled upon and is supportable under the Constitution."

Though the ACLU objects to those students being tested, it has not 
challenged the more-limited testing programs here in Ohio. Brickner 
said the ACLU won't challenge the testing at the Catholic schools, 
because they are private organizations.

How many schools in Ohio test students in extracurricular activities 
is unclear. Reedy said the Ohio High School Athletic Association does 
not require testing of athletes. And Ohio Department of Education 
spokesman John Charlton said the state does not keep track of 
testing, which is a choice of local school boards.

This past fall, when the Brecksville-Broadview Heights school board 
considered adding a testing program, Superintendent Scot Prebles 
searched for districts that tested in Ohio. He found five: Clear Fork 
Valley, Highland Local (also in Medina County), Pleasant, Olentangy 
and Vermilion.

He did not include Brunswick or the limited testing that the Polaris 
Career Center in Middleburg Heights does on students in a few 
training programs. Prebles told his board that districts had several 
things in common in their testing programs:

Hear a recording on the meeting HERE.

- -  School boards all passed a purpose statement for the program that 
included reasons like protecting the health and safety of students, 
undermining peer pressure to use drugs and encouraging students to 
participate in counseling and treatment programs.

- -  Most did not carry penalties for violations and offered assistance 
for students with problems.

- -  All set an initial percentage of students to test at the start and 
a schedule for random testing going forward.

- -  All used an outside vendor to do the testing.

- -  All vendors collected two samples from students - one to test and 
one to re-test, if needed.

- -  Results are given to students and parents first, before any school 
officials are informed.

- -  Parents and students were often billed for the testing costs.

- -  Most had students and parents sign permission forms for testing 
before students could participate in clubs or sports.

- -  Most eventually started testing all staff, to avoid complaints of 
hypocritically singling out students. Those included every staff 
member in initial tests and in random tests - not just transportation 
staff, as in some districts already, and not just pre-employment screenings.

Brecksville did not go ahead with a program after several parents 
objected strongly at the October school board meeting, many saying 
it's up to parents to monitor their children's behavior off school 
grounds and none of the school's business.

There has been a different response in Brunswick, said Assistant 
Superintendent Tracy Wheeler, where the testing program is even 
harsher than the ones Prebles described. Brunswick parents, she said, 
rarely complain about the testing and support efforts to hold 
students to standards.

Brunswick's urine tests even include tests for nicotine, so smoking a 
cigarette could trigger a positive result and start punitive action. 
Wheeler said that positive tests mean a full-season suspension from 
the team or activity, or a half season if students agree to full 
assessment of their use and any addiction.

"We have a pretty strict code of conduct," Wheeler said. 
"Participation in extra-curriculars is a privilege and not a right. "

She added: "There's a rule, you violated the rule, and there's a 
consequence for it."

Some have said they are concerned that a positive test for drugs can 
show up on a student's permanent record and hurt their college 
applications and later employment. Schools and police departments 
said that tests will not - and have not - led to charges being filed.

Wheeler said Strongsville has no penalties beyond the extracurricular 
suspensions and won't tell anyone details about their absence.

If those suspensions come up in college interviews or if a student 
athlete is being recruited by a college, Wheeler said, students have 
to admit their mistake.

"That's their responsibility to tell coaches that I missed time 
because of this," she said. "We put this on the kids."
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MAP posted-by: Jay Bergstrom