MOST ACCEPT SPARTA DRUG TESTS

SPARTA - When Sparta High School Principal Richard Lio presented a
plan in April for a random drug testing program for the district -- a
first for Sussex County public schools -- he told the Board of
Education to expect questions and criticism.

The plan was adopted about three weeks ago, setting the stage for the
program to be in place by September, but school officials have not
yet met with the level of resistance they thought awaited them.

"I thought this might be one of those things where we do the right
thing but get beat up (for it)," Board President Michael Schiavoni
said Friday. "But that has not been the case."

A public information session about the testing program, held just a
few days after the plan was approved, saw only a handful of parents
in attendance. Questions written and submitted prior to and during
the presentation, most of them informational in nature, were
addressed. In meetings leading up to the board's approval, there was
very little public discussion on the topic.

A few negative comments have come out, but there has been no
organized opposition or threats of legal action. For the most part,
Schiavoni said, "people have generally been supportive."

But that does not mean everyone is satisfied.

"It saddens me that there isn't more resistance," said Fred DeSena,
Sparta resident and father of a Sparta High School student.

DeSena objects to the program "based on constitutional rights,"
mainly the Fourth Amendment, which defines "the right of the people
to be secure ... against unreasonable searches and seizures."

"I do believe that if they are going to take blood or urine from a
body, that is a violation," DeSena said. "They've singled out a group
of people and are asking them to forfeit their constitutional
protections and rights."

The program, as presented to the board and the public, requires high
school students involved with sports or extracurricular activities or
who wish to drive to school on their own to enter into a "pool" where
they will be assigned numbers -- participation at the middle school
level will be strictly voluntary. Students whose numbers are randomly
selected over the course of the school year will provide saliva and
urine samples which would be tested for the presence of illegal substances.

The issue has gone as far as the U.S. Supreme Court when parents in
some school districts nationwide challenged that the "testing pool"
was unconstitutional. But school administrators have said that the
policy was always upheld by the courts whenever challenged.

"It has been tested, and it can definitely be justified legally," Lio
told parents at the information session. When asked how it can be
justified morally, he responded, "If we're truly a community, we must
address this (drug) issue."

DeSena still disagrees with the method. "It's hypocritical for the
school to teach these kids about their 'inalienable rights' and then
try and take them away," he said. "I'm of the opinion that the
Constitution is chipped away at daily.

"I would hope that the people who have been elected to these
positions (on the board) would consider these things I'm bringing up
now."

But this program is one the board was in favor of from the moment Lio
presented it in April. Schiavoni commended the administration,
particularly Lio, for research into the issue and said that now is
the best time to institute such a program.

"We have had the (police) dogs go through the school and right now,
drugs are at a very low level," he said. "The time to do this is now,
not when you have a bigger problem."

A presentation to the board earlier this year by the Sussex County
Center for Prevention and Counseling told of a need for more
stringent drug policies and deterrents, especially at the middle
school level where national surveys have shown increasing numbers of
students abusing over-the-counter and prescription medications. When
Sparta's program was first discussed, Becky Carlson, director of the
center, called the new policy "a piece of the puzzle."

However, the American Civil Liberties Union has historically opposed
random drug testing programs generally because of its perceived
unconstitutionality. A letter to a Williamsburg, Va., school board
dated Feb. 2006, urged the local officials to reject a program
similar to Sparta's on the grounds that "there is no evidence
indicating that (random student drug testing) actually deters drug
use," among other issues. That school board decided to go with a
strictly voluntary program one month later.

But one of the points administrators and board members have used is
that the program is not meant to be punitive and "catch" students in
the act, but rather to deter students who may otherwise be "on the
fence" in social situations, a much more difficult statistic to
calculate since only about 20 percent of the pool could realistically
be tested over a year, administrators have said. In answer to one
question during the information session, Lio said, "The student who
is curious or a casual user will probably stop. The hard line
student, probably not. But it doesn't mean we give up on them."

The testing program is meant to supplement the established drug
policy. Students who test positive, after a confirmation from an
independent laboratory, will be removed from their chosen activities
and will receive counseling. Unless they are caught using illegal
substances on school property, the typical drug policy punishments do
not apply.

The state Department of Education has left it "in the hands of the
school districts, whether or not they want to do it," said spokesman
Jon Zlock. A proposal to require the inclusion of a voluntary random
testing program will be decided upon, in conjunction with the state
Legislature later this month.

Sparta's plan already includes voluntary participation at the middle
school level and for any high school students who do not fall into
the mandatory category. All participation is subject to parental
approval, but the parents of athletes, such as DeSena, may face a
moral dilemma.

While DeSena staunchly opposes the program, he said his son, a member
of the track team, has no problems with it. But if DeSena decides not
to consent to inclusion in the testing pool, his son will not be able
to run track, which makes for a difficult decision.

"At this time, I would say I would not sign it," DeSena said. "But if
we run into a conflict, I may give in."

Based on talks Lio has given to the high school classes about the
program, a majority of the students at the high school seem to agree
with DeSena's son, the principal said. One sophomore girl was present
at the June school board meeting for a discussion about the
cheerleading program, but also took a moment to tell the board that
the program gives students "a reason to say 'no.'"

The annual cost of the program is estimated to run between $4,750 and
$5,250, mostly for administering the tests and paperwork. According
to the approved plan, there will be one designated administrator who
will have access to students' names and pool numbers and the school
nurse will be the only one to handle the test samples. Positive tests
will be sent to an outside laboratory for confirmation.

A similar policy has also been suggested that would apply to district
faculty, staff and administrators. Officials and spokespeople from
several organizations, including the state School Boards Association
and the New Jersey Education Association, are unaware of any such
policy already in existence, and Sparta is still only researching the
policy at this point, Schiavoni said.