FIND A WAY TO KEEP VALUABLE TESTING PROGRAMS

Mandatory drug testing of students participating in extracurricular
activities has been ruled unconstitutional by the state Supreme
Court, but that doesn't necessarily have to mean an end to the practice.

There may even be controlled circumstances where mandatory programs
can meet constitutional muster. But if nothing else, why can't
testing be done on a voluntary basis, backed by peer pressure to
participate?

While the court decision was unanimous, Justice Jim Johnson wrote in
a separate concurrence that a student's right to privacy is "not
absolute and thus not all drug testing programs are invalid. Under
carefully defined circumstances, a random suspicionless drug testing
program for high school student athletes, in my opinion, might also
be implemented that will meet applicable constitutional requirements."

The court ruled earlier this month that the mandatory program
involving random tests of student athletes in the Wahkiakum School
District violated the privacy clause of the state constitution.

As a result, the Cle Elum-Roslyn School District, the only one in
Eastern Washington using mandatory random testing, immediately
suspended its program that had been well received by students since
it was implemented in the 2006-07 school year.

But instead of districts give up on testing, we would rather see
efforts focus on finding programs that will stand up to challenge.
The Sunnyside School District could well serve as a model since
student leaders and district officials have pledged to research what
is possible in the way of testing.

Sunnyside actually tried a two-year voluntary testing program in the
2000-01 and 2001-02 school years, according to Superintendent Rick
Cole. The best the district could achieve in the program was 65
percent participation of those in extra-curricular activities, he
said, even though it was not commonly known who did or did not take
part. But there was a demonstrable decrease in drug and alcohol use,
he added.

Frankly, voluntary participation by two out of three students isn't
bad at all. It's actually a testimonial to the fact that the majority
of kids everywhere are clean and most likely don't want to be tarred
with the same brush as those who are not.

Cole said Sunnyside used a saliva swab test during the two-year
program and that ended when the company performing the tests no
longer did so in the community. Urine testing was considered too
invasive and the testing program was dropped.

Cle Elum-Roslyn used a saliva test; Wahkiakum a urine test.

There's a new push in Sunnyside from students themselves. Before the
court ruling, nine juniors in the high school's leadership class had
proposed mandatory testing of students participating in
extracurricular activities.

Cole said the district will continue to research what's possible, but
certainly will continue to support and pursue the students' interest
and initiative.

That's good advice in Sunnyside, Cle Elum-Roslyn and school districts
across the state. The court ruling is a setback, but it does not have
to be an end to searching out testing programs.

The state constitution's privacy clause is more restrictive than the
U.S. Constitution and that portion could be amended to embrace the
types of testing programs that are common in other parts of the
country. But such an amendment -- requiring two-thirds approval of
the state Legislature and ratification by state voters -- is a
longshot at best.

Better to search out voluntary programs or a combination of
voluntary/that can withstand challenge. Such programs are certainly
worth the commitment of resources.

Students who care, and there are lots of them, deserve no less.