ACLU AGAINST WESTPORT PROM TESTING

WESTPORT -- As school officials gather information and opinions on a
proposal to require breath analysis alcohol tests for participants in school
events, the American Civil Liberties Union has weighed in on the issue.

"This is dreadful," Sarah Wunsch, staff attorney for the Massachusetts ACLU,
said of the proposal, which has yet to be approved by the town School
Committee.

"I hope they don't approve it. I hope they would use more sense than that,"
she said.

Ms. Wunsch said the policy, which would require students and staff to take a
blood-alcohol test as they enter school-sponsored events, such as the
upcoming senior prom, was not a legitimate means of preventing or
discouraging teen-age drinking.

"This is not to minimize those concerns, which are certainly legitimate,"
Ms. Wunsch said, "but there are other means officials can deal with that
problem. This is a knee-jerk reaction, a gimmick."

The issue was raised last year in Dighton, when Dighton-Rehoboth Regional
High School instituted a similar policy. Legal opinions from a Quincy law
firm supporting the policy were included in the information packets provided
to the Westport School Committee.

The committee is expected to debate and vote on the proposal at its next
meeting on April 27.

"It is disturbing to see this as a trend," Ms. Wunsch said. "The
(Breathalyzer) test could be viewed as an illegal search. Normally, in
public schools, there is a requirement there be reasonable suspicion that a
student has done something wrong. In this case, there is not."

Westport School Superintendent Margot desJardins said she was surprised but
pleased when she received a copy of the proposal from high school dean Dr.
Ronald W. Pacy.

While she said she has not reached any conclusions about the proposal, Ms.
desJardins said it spurred some much-needed debate on an issue that has
concerned parents and school staff for years.

"The worst nightmare is you hold a school function and someone ends up dead
or injured," Ms. desJardins said. "You have a certain duty of care. With any
school sponsored activity, we have a certain responsibility. I thought about
the kids. When you are one of the responsible parties for providing safe
programs, when the parents release their kids to you, they should have a
level of comfort, a standard they can expect."

But Ms. Wunsch said the standard advocated in the testing policy is a
dangerous one.

"High school kids are supposed to learn about constitutional rights," she
said. "We have constitutional rights that protect us when government is
overreaching. We have limitations that protect from illegal search. Kids
need to think harder about the Constitution, and maybe what they're not
being taught."

Ms. desJardins said all school officials understand the proposal must be
debated after all the important parties add their comments.

"I am going to be asking for a number of recommendations, from the school
council and student council, at least that much," Ms. desJardins said. "And
I certainly hope the school committee has been getting phone calls. That's
the wonderful thing about the process."

School Committee member Deana Chase said she had not heard from many parents
but sought opinions while talking to people during the recent town meeting.
Some, Mrs. Chase said, thought the proposal seemed a good idea, "but others
said 'Whoa, that's going a little too far.'"

Mrs. Chase said she expected a good deal of discussion at the next school
committee meeting.

Both Mrs. Chase and Ms. desJardins said all opinions will be weighed before
a decision is made to approve, reject or amend the proposal. And both
pointed to a written opinion submitted by high school junior Keith Costa,
opposing the tests, as evidence that dissent is respected and welcome.

Mr. Costa sent school officials a three-page letter, critiquing the court
opinions cited by lawyers to justify the Dighton policy and suggesting the
practical application of giving a breath alcohol test to hundreds of people
would be unworkable.

"I was so proud when I read Keith's letter," Mrs. Chase said. "My first
thought was, if this is the kind of student we are turning out at Westport
High, we're doing a pretty good job."

"I respect Keith a great deal for engaging in the process so maturely," Ms.
desJardins said.

The superintendent said she still had some thinking to do about the policy.

"I have not made my recommendation," Ms. desJardins said.

In the end, after the legal and logistical arguments are settled, the issue
remains: Where does a community cross the line between respecting a
student's rights and protecting their lives?

"We understand teen-agers want to try different things at this time in their
lives," Ms. desJardins said. "What we are saying is, you can not be
experimenting as part of the prom."

Ms. Wunsch, however, said there have to be other ways to let kids know what
is expected.

"There has to be good supervision. Chaperones have to look for signs. A lot
of work has to be done to make sure kids aren't drinking.

"But this is just an awful thing to do to kids," Ms. Wunsch said. "All they
want is to go to the prom.

"You shouldn't have to waive your Constitutional rights to take part in the
benefits and programs your school provides," she said.