DRUG TESTING EXPANDED?

Mitchell County Board of Education Looks to Test All Students in
Extracurricular Activities Starting Next Year

The Mitchell County Board of Education is leaning towards installing
a drug testing policy for the 2009-2010 school year that tests
Mitchell High School students who participate in interscholastic
athletics and all extracurricular activities.

The board is still considering more comprehensive policies that test
students who are granted the privilege of parking at school, and
attend middle school, but decided against including these two groups
of students because of a lack of money, and legal issues.

The decision to exclude middle school students was made on the basis of money.

The county has budgeted $5,000 this year to put towards testing. Each
test costs $44, meaning the school system can only afford 113 drug tests.

The board opted to run a pilot program focusing on just testing high
school students in athletics and extracurricular activities and make
adjustments as more money becomes available next year.

"In my opinion, students are not starting to use in high school,"
board member Jeff Harding said. "They are starting in middle school
and the earlier we can catch them the sooner we can help. As a board
member, I would rather test middle and high school athletes, than
[students in extracurricular activities]."

The decision to exclude students who drive to school came down to if
it is legally possible.

According to Dean Shatley, special counsel to the board, the U.S.
Supreme Court has upheld drug testing students in interscholastic
athletics and extracurricular activities, but has not specifically
upheld drug testing students receiving a permit for parking on campus.

"Because parking is a privilege, like participating in sports or
other activities, testing these students is likely constitutional,"
Shatley said to the board in a written statement. "However, no court
in our jurisdiction has ruled on this matter."

With this is mind, the school system preferred to eliminate this
group to avoid lawsuits against them.

"Since the Supreme Court has not made a specific ruling, I would
rather not include that option," board member Dean Meyers said. "I do
not want to deal with a lawsuit coming our way."

At the July 20 regular session, the board will be presented with an
amended policy specifically for students in interscholastic athletics
and extracurricular activities, for a vote.

In policies drafted so far, students subject to being tested will be
picked at random to be tested. Students can be included in the
testing pool if they are volunteered by their parents.

Morgen Houchard, director of personnel, curriculum, and public
information at Mitchell County Schools likes the idea of parents
being able to volunteer their child.

"I don't care if my child was tested, I would want them in the
program," he said. "Then they would know their father is checking up
on them and would say to those who use drugs, get away from me."

Tests can be given based on reasonable suspicion. Reasonable
suspicion is an administrator's belief a student is under the
influence of drugs based on evidence collected. Hearsay can be used
as evidence, but hard evidence will be weighed more heavily.

This method of administering tests has not been included in drafted
policies, but is up for discussion as well as notifying principals of
first positive tests.

Positive results of a random test cannot be turned over to law
enforcement officials.

Mitchell County High School Athletic Director Ed Duncan, who
currently tests high school athletes, lobbied for principals to not
be notified because of the fear students would be judged incorrectly.

"If a kid failed a test, I would not want the principal notified,"
Duncan said. "They may be taking prescription medications at home and
could be incorrectly labeled as a drug user."

Harding felt principals should be notified as they are held to high
level of confidentiality, and it would be beneficial to controlling a
problem that is now reaching new heights.

"The sad thing is people already know who the users are," Harding
said. "All the ones using and dealing never get tested. It is
becoming a community problem that is more than what we can handle."