STUDENT DRUG TESTING - PASS OR FAIL?

Random drug testing is an essential element in preparing students for what
lies ahead in future employment, some area school officials say.

But one federal judge in Amarillo deemed the Tulia district's program, which
tests all seventh through twelfth graders involved in extracurricular
activities, unconstitutional under Amendment IV. The amendment protects
against unreasonable searches and seizures without probable cause.

Four districts in this area have random drug testing programs in place,
although all are not exactly alike. They include Bridge City, Deweyville,
Evadale and Little Cypress-Mauriceville school districts.

Although the Deweyville school district drug testing program is similar to
Tulia's, Superintendent Jerry Peacock said administrators have altered the
originally proposed test pool following U.S. District Judge Mary Lou
Robinson's Tulia decision.

Officials in Tulia's school district have since decided to continue testing
because Robinson's opinion did not order the testing to stop. The district
is appealing her ruling to the 5th U.S. Circuit Court of Appeals in New
Orleans.

However, in Deweyville, "We are going to abide by the law," Peacock said.

It is impossible to represent appropriate behavior to the students when
adults aren't following the law themselves, Peacock added.

Peacock said the Deweyville test pool now only includes athletes and
students who drive vehicles to campus. Those participating in all other
extracurricular activities have been removed from the list temporarily.

That test pool includes about 85 percent of the 435 students enrolled in
grades 6 through 12.

He says results have been great in his district.

"So far, there has been only one positive result that came from an illegal
substance in two years," Peacock said. "The student tested positive for
marijuana and was suspended from participating in extracurricular activities
for 60 days," Peacock said. A second test was negative.

"I think this gives students a way out when they are confronted with peer
pressure about drugs," Peacock said. "They can easily turn down the offer of
drugs by saying they don't want to ruin their chances of playing sports or
participating in another activity."

It also teaches students how to make decisions based on their priorities, he
added.

Peacock said the commercial testing company the district uses has made an
effort to ensure students' privacy and deliver accurate results.

"For example, regular prescription drugs will show up on the results. When
that happens, the testing company contacts the parents and finds out what
possible medications their child is taking," Peacock said. "There is a give
and take of information there that eliminates any problems."

Also, the firm does split testing. In split testing, the urine sample given
by the student is divided in half. One portion is stored and the other is
tested.

Peacock said that allows for retesting in case questions arise about
validity.

Other schools have had less experience with a testing system and students
are, for the first time, seeing the possible consequences of their choices.

Bridge City has only had its program for two months and so far no one has
tested positive.

Samuel Lucia, Bridge City superintendent, said his district has conducted
only two tests since October.

"We are waiting to see how the (Tulia) appeals go before we change the
program," Lucia said of the decision reached in consultation with their
attorneys. "We will follow the realm of the law."

Lucia said the program in his district has been well received by parents and
students.

"I think the students just don't want drugs around them," he said.

The Bridge City test pool is randomly drawn using a preset percentage of
students currently enrolled, divided by the number of months involved in the
testing.

Unlike Deweyville, Bridge City tests students enrolled in grades 7 through
12, instead of beginning in the sixth grade. Lucia said the number of
students changes with respect to current enrollment, which was more than
1,000 students for those grades.

Like other districts, the random testing program covers all students in
extracurricular activities and those driving vehicles on campus.

Lucia said that ends up being about 80 to 90 percent of the student
population in those grades.

Other districts are sitting back, waiting to see the final outcome for Tulia
before beginning their own program.

After seeing a slight increase in campus incidents involving drugs, the
Nederland school district has been considering the possibility of
instituting a random drug testing program.

"We would like to stop it now before it gets out of hand," Superintendent
Gail Krohn said.

Mindy Duplan, 16, a junior at Nederland High School, said she and her
friends have been talking about the possibility of random testing.

"We see it as an invasion of privacy and possibly a waste of time and
money," Duplan said. "In a way, it is probably more trouble than it is worth
because they will have to figure out which students are on prescription
drugs as opposed to illegal drugs."

The question of fairness and accuracy has also arisen among the students,
Duplan said.

"If they are going to do drug testing, they should do it to all the kids and
not just some," Duplan said.