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."