Pubdate: Thu, 28 Oct 1999 Source: New Times (CA) Contact: http://newtimes-slo.com/ Author: Dr. Curt Dubost Note: The author is Superintendent of the Templeton Unified School District Related: http://www.mapinc.org/drugnews/v99/n1003/a10.html TEMPLETON DRUG POLICY IS CORRECT AND NECESSARY A recent guest commentary ["Drugs, Kids, and School," New Times, Sept. 9] questioned the wisdom as well as the constitutionality of the mandatory drug testing policy for extracurricular participation recently adopted by the Templeton Unified School District. The court decision to which the author accurately refers (Vernonia v. Acton 1995) quite appropriately emphasized that the district in Oregon had experienced an increase in disciplinary problems, including incidents related to substance abuse, a verified increase in student drug use, and a finding that student athletes were the "leaders of the drug culture" in the schools. Specifically, the Vernonia decision was based on four important points: 1. "The legitimate expectation of privacy among students in public school is less than the legitimate expectation of other citizens in other settings"; 2. "Student athletes have an even lower legitimate expectation of privacy"; 3. "Drugs are especially dangerous to athletes"; and 4. "The Vernonia schools were suffering from a proven substance-abuse crisis, especially among student athletes." The author is correct also that the concurring justices (Ruth Bader Ginsburg in particular) ruled that while they believed these conditions justified upholding the policy in Vernonia, they emphasized that Vernonia was not an open door to random testing of all students at all schools. The author also opines that school officials should be held to the same standards for probable cause as law enforcement. The Supreme Court has ruled on this issue in New Jersey v. TLO and held that school officials are to be held to a standard of reasonable suspicion and not probable cause. A recent 8th Circuit Court of Appeals decision (Miller v. Wilkes) unanimously upheld random suspicionless drug testing of extracurricular participants as a prerequisite to eligibility. In that case, a student wished to join various school clubs without submitting to drug testing and the parents sued the district, contending unreasonable search and seizure under the Fourth Amendment. A similar situation exists in Templeton. A number of substance abuse offenses occur each year which result in student suspension and expulsion hearing before the school board. The board wishes to take every reasonable preventive step within its power to reduce and, we hope, eliminate these offenses. I hope we can all agree that students under the influence of controlled substances are not maximizing their educational opportunities. Board members as well as staff members who have students in Templeton schools additionally hear anecdotal reports of substance abuse problems in the community and on athletic teams. Coaches, in particular, report fears of student athletes who have substance abuse problems risking injury to themselves and/or other participants. Finally, it is important to remember that under our policy the consequences of a positive drug test are not punitive. Parental notification and referral for counseling are mandated, not discipline. I hope this additional discussion clarifies the Templeton board's perspective on the issue of mandatory drug testing of student participants in extracurricular activities. Dr. Curt Dubost, Superintendent Templeton Unified School District, Templeton - --- MAP posted-by: Jo-D