TEMPLETON DRUG POLICY IS CORRECT AND NECESSARY

A recent guest commentary ["Drugs, Kids, and School," New Times, Sept. 9]
questioned the wisdom as well as the constitutionality of the mandatory drug
testing policy for extracurricular participation recently adopted by the
Templeton Unified School District.

The court decision to which the author accurately refers (Vernonia v. Acton
1995) quite appropriately emphasized that the district in Oregon had
experienced an increase in disciplinary problems, including incidents
related to substance abuse, a verified increase in student drug use, and a
finding that student athletes were the "leaders of the drug culture" in the
schools.

Specifically, the Vernonia decision was based on four important points:

1. "The legitimate expectation of privacy among students in public school is
less than the legitimate expectation of other citizens in other settings";

2. "Student athletes have an even lower legitimate expectation of privacy";

3. "Drugs are especially dangerous to athletes"; and

4. "The Vernonia schools were suffering from a proven substance-abuse
crisis, especially among student athletes."

The author is correct also that the concurring justices (Ruth Bader Ginsburg
in particular) ruled that while they believed these conditions justified
upholding the policy in Vernonia, they emphasized that Vernonia was not an
open door to random testing of all students at all schools.

The author also opines that school officials should be held to the same
standards for probable cause as law enforcement. The Supreme Court has ruled
on this issue in New Jersey v. TLO and held that school officials are to be
held to a standard of reasonable suspicion and not probable cause.

A recent 8th Circuit Court of Appeals decision (Miller v. Wilkes)
unanimously upheld random suspicionless drug testing of extracurricular
participants as a prerequisite to eligibility. In that case, a student
wished to join various school clubs without submitting to drug testing and
the parents sued the district, contending unreasonable search and seizure
under the Fourth Amendment.

A similar situation exists in Templeton. A number of substance abuse
offenses occur each year which result in student suspension and expulsion
hearing before the school board. The board wishes to take every reasonable
preventive step within its power to reduce and, we hope, eliminate these
offenses. I hope we can all agree that students under the influence of
controlled substances are not maximizing their educational opportunities.

Board members as well as staff members who have students in Templeton
schools additionally hear anecdotal reports of substance abuse problems in
the community and on athletic teams. Coaches, in particular, report fears of
student athletes who have substance abuse problems risking injury to
themselves and/or other participants.

Finally, it is important to remember that under our policy the consequences
of a positive drug test are not punitive. Parental notification and referral
for counseling are mandated, not discipline. I hope this additional
discussion clarifies the Templeton board's perspective on the issue of
mandatory drug testing of student participants in extracurricular activities.

Dr. Curt Dubost, Superintendent Templeton Unified School District, Templeton