NEWTON DECISION STILL TROUBLESOME

The only thing worse than a government agency that acts contrary to the
greater public good is one that keeps trying to, even after it is
rightfully challenged.

The Newton school district has taken a good step by replacing mandatory
drug-testing with random screening, but one aspect of the new policy is
still troublesome.

Under the policy adopted by trustees last week, students in grades six
through 12 volunteer with a guardian's written consent to go into a pool
from which 10 names will be drawn each month for testing. So far, so good,
and certainly better than the policy that had parents and students
protesting its intrusiveness in September.

The problem with the new policy is that once in the pool, students who
withdraw will be suspended from extracurricular activities and driving on
campus for the rest of the year, the same discipline those who test
positive will receive. That is tantamount to a presumption of guilt, and it
punishes someone for the exercise of a fundamental constitutional right.

As we have said many times before, illegal drug use is stupid and
potentially deadly. It should never be condoned, and those who use drugs
must get help. But the law recognizes and requires a right way.

Wayne Haglund, the Newton trustees' attorney, said that as long as testing
is voluntary, "I do not recognize a constitutional issue." He should look
harder.