BUDGETS, PRIVACY WORRIES DELAY WIDESPREAD TESTING

With drug use among Mississippi teens mirroring the national average, some
advocates are finding merit in a recent U.S. Supreme Court ruling that
opens the door for random drug testing of high school students.

"Too many children have experimented with alcohol and drugs," said Hugh
Barkley, director of the National Council on Alcoholism and Drug Dependence
of Central Mississippi.

More than a third of Mississippi youth have tried marijuana and about one
in 20 has tried cocaine in his or her lifetime, according to the 1999 Youth
Risky Behavior survey by the state Department of Health.

The June 27 Supreme Court decision allows schools to issue random drug
tests to students involved in extracurricular activities like band, choir
and the debate team.

The 5-4 ruling was not a strong decision, but it gives school
administrators the authority and discernment to deal with drug problems,
says veteran school law attorney David Watkins of the law firm Adams and
Reese in Jackson.

"Schools are trying to find ways to deal with this," he said. One limiting
factor of the ruling, he explained, is "we don't have any long-term history
to see if (drug testing) results in a drop in drug use."

For some groups, the ruling is good news.

"We were glad to see the ruling," said Ennis Proctor, director of the
Mississippi High School Activities Association. "I think it is something
most schools agree with."

Overall, the Jackson school district is waiting to see what discipline
problems arise this school year before acting on the Supreme Court ruling.
"We will assess the need as well as the cost," said school attorney JoAnne
Nelson.

The Pearl school district is taking a similar approach.

"We're going to do a lot more research before we do anything," said Stanley
Miller, the district's superintendent. Miller says school resource officers
have been very effective in monitoring student behavior and drug use.

The issue of drug testing in schools is largely a community issue, says
Phil Burchfield, principal of Clinton High. Clinton High does not perform
random drug tests, but Burchfield says educators there have a very strict
drug policy in place.

"We'd like to think there isn't any (drug activity), but I'd have to be
naive," he said. If you have one student ... that's a problem."

But the American Civil Liberties Union sees the court's ruling as a
violation of students' Fourth Amendment protection against unreasonable
searches or seizures.

"Forcing a student to be tested for drugs forces them to have to prove
their innocence," said Gail Chadwick, director of the Mississippi ACLU
chapter. "It presumes all students are criminals and guilty of drug use
unless they provide a clean urine sample."

So far, Chadwick says, her office has not received any complaints from
students and parents about random drug tests. Few Mississippi high schools
give drug tests to athletes, let alone band and choir members.

"We do have a number of schools nationwide that have refused to do drug
testing," she said.

Some schools have refused to test students because of privacy issues, but
others refuse because of limited budgets.

"Most of my clients would rather spend money on teachers, books and
computers than on lawyers," Watkins said. He represents both schools and
public education organizations. "Most don't want to venture out because
it's untested waters."

Even so, Watkins predicts momentum will build for schools to start
considering random drug tests.

A typical drug test runs $36-45, says Dana Byrd, owner of MedTech Solutions
in Flowood. But for schools, the same test can be done for less - about $20
per student.

"Basically what we're looking for is marijuana, methamphetamines,
barbiturates, cocaine. We even have a way of testing for party drugs like
Ecstasy," Byrd said.

Test results are confidential. If a student's test comes back positive, the
results are revealed only to the coach, principal, counselor and parent.

"There is a policy and procedure, and if someone tests positive, it's not
one strike and you're out," said Phil Ferguson, Tupelo High football coach.
"I think it's great if it's handled correctly."

Drug tests also can help keep parents informed, says one Vicksburg student.

"I think it's a good thing to let parents know what their kids are doing,"
said Jeremy Thomas, a junior at Warren Central High in Vicksburg who takes
part in the school's ROTC program.

The Tupelo school district was one of the first in the state to issue
random drug tests to athletes, but there are no immediate plans to include
other students, educators there say.

"At this point, I have not talked to our administration about this," said
Floyd Stevens, band director at Tupelo High. Stevens believes drug testing
could be an effective way to help students avoid drugs - but with a high
price tag attached.

"When you take into consideration all the (students in) other areas at
Tupelo High, it can get financially steep," he said.

Cost is the main factor keeping the Jackson school district from testing
student-athletes, let alone teens in extracurricular activities.

To test half the 2,000 student-athletes in the Jackson district would be a
"very expensive endeavor," said Athletic Director Hal Lusk. Currently,
prevention measures involve "coaches making them aware of the dangers of
drugs and alcohol."

One Jackson educator agrees with the ACLU that participating in
extracurricular activities is one of the best ways to prevent drug use.

"We try to make it exciting for them. They have so much to do, they don't
have time to use drugs," said Ernest Tarvin, assistant band director at
Lanier High in Jackson.