COUNTY SCHOOLS MAY AVOID TESTING ATHLETES FOR DRUGS

Privacy Rights Frustrate Board Trying To Include Other Students In
Checks

The Madison County school board may drop plans to randomly test
student athletes for illegal drugs.

Frustrated by laws protecting students' privacy, the board Thursday
night could not determine a way to include students who don't play
sports.

Athletes are probably the least likely to use drugs, said Dr. Jim
Nash, director of human resources for county schools. And some
principals he surveyed said it seemed unfair to single out athletes.

What's more, if an athlete tests positive, school authorities can do
only one thing: Suspend him or her from the team.

That means the student wouldn't be an athlete anymore and wouldn't be
subject to further drug tests.

"So what have we accomplished?" asked board President Shawn Fargerson,
who alone questioned the initial proposal at the board's work session
in January.

During that earlier work session, a majority of board members had
already asked to test more than just athletes.

But Cynthia Thompson, the board attorney, said Thursday that she did
some checking and found that court precedents don't generally support
testing other students - even those in extracurricular activities such
as band. The reason: Athletes, who play voluntarily, are being tested
not for disciplinary reasons but to ensure physical safety on the
field or court.

"Do we really have that big of a problem?" asked board member Merritt
Robbins.

"I don't think we do," Fargerson said.

Nash told the board testing could prevent a drug problem from
developing in schools.

Under a working draft of a drug policy, athletes who test positive
would be suspended from the team for two weeks. The board discussed
retesting students before they are allowed to rejoin the team.

The suspension could be lengthened to last all season, or even the
current season and the next. But then the school system couldn't test
that student again during the suspension. And the student would simply
stay in the school, untested and undisciplined.

While the U.S. Supreme Court clearly allows the random testing of
student athletes, Thompson said, school officials cannot involve law
enforcement when a student has a positive drug test.

Thompson did say the U.S. 7th Circuit Court of Appeals allows schools
to test students in extracurricular activities and students who drive
to school. But Alabama is in the 11th Circuit. She said that court has
been more restrictive.

Nash also said coaches feel like a two-week suspension would bind
their hands, because they already boot students they suspect of drug
use.

Fargerson said it would cost $60,000 each time the system randomly
tests athletes. "Where's the money going to come from?" he asked.

"So what's next?" asked board member Jeff Anderson.

"I was hoping I would be told that," said Nash, who helped draw up the
proposal.

Board member Rich McAdams said the current proposal needs more teeth,
or needs to include more students. "As much as I like it, I don't see
it as a good way to spend money," he said.

Neither Huntsville nor Madison City Schools tests athletes for
drugs.

County Superintendent Ray Swaim asked for more time to hammer out some
details and bring back a final proposal as early as next week. Then,
he said, he will "either put it to rest or ask for a policy."