NEW BEDFORD MAY OFFER DRUG TESTS FOR STUDENTS

NEW BEDFORD -- A voluntary school drug-testing program proposed by the
mayor and school superintendent would make this crime-plagued city the
first in the Commonwealth to experiment with an approach heavily pushed by
the White House drug enforcement leader. Civil liberties advocates
criticized the plan, which would affect middle and high school students
registered for random drug tests by their parents, but said its voluntary
structure might protect it from a legal challenge. Mayor Frederick M.
Kalisz Jr. said the "aggressive and innovative" voluntary testing concept
proposed last week will pass constitutional muster and open a wider debate
over the best way to intervene early and prevent teenage drug use."We're
not out to violate anyone's civil rights. We're out to protect future
generations," Kalisz said. Only parents would see the anonymous test
results, he said, and students would face no sanctions under the program.

The proposed random drug testing plan has brought to Massachusetts a debate
already raging in national drug policy circles.

John P. Walters, director of the White House Office of National Drug
Control Policy, touted school-based drug testing as a "silver bullet" at a
forum in Boston earlier this month and wants to make $8 million in federal
funding available next year for school testing. He will promote the idea at
a White House summit Oct. 30.

But the issue is also a political hot potato. Governor Mitt Romney has
shied away from taking a position on the issue, and the Massachusetts Civil
Liberties Union said it would challenge any program that forced students to
take drug tests."This program might pass muster in Massachusetts, but
random testing that wasn't voluntary certainly would appear to violate the
state constitution," said Sarah Wunsch, a staff attorney at the American
Civil Liberties Union. "The New Bedford program still raises practical
questions about whether it's a waste of money."

Because the voluntary program would impose no sanctions on students who
test positive for drug use, Kalisz said, it might not qualify for federal
money intended for mandatory initiatives. But he prefers an approach that
does not force anyone to participate.

"The sole objective is to help, not to punish," Kalisz said.

The plan is proving popular, if controversial, in New Bedford, where it was
originally suggested to Kalisz at a forum of faith-based organizations
earlier this month.

A major crime wave, including nine homicides this year, has struck New
Bedford, a coastal city of 92,000 that is considered a major transit point
for heroin traffickers.

Law enforcement officials blame much of the violence on drug use and
trafficking and cite with concern the results of a federal survey released
this year that show 6 percent of Massachusetts teenagers have used illicit
drugs.

Under the New Bedford plan, parents could register middle and high school
students for random drug testing. Parents would attend a workshop about
drug treatment options if a child tests positive while the children would
attend two workshops about drugs.

The registered students would be subject to random drug tests. A town nurse
would collect urine samples at the campus and send them to a private lab
for analysis.

Only the parent of the tested student would see the results. School
officials would collect anonymous statistics.

"The key is that it's not mandatory. It's no different than a parent taking
their child to a doctor's office for a drug test," said Matthew Thomas, the
city solicitor. "We've structured this so that there's no law enforcement
element."

Thomas believes the proposal would survive any legal challenges because it
is voluntary and confidential.

Kalisz unveiled his preliminary drug testing plan to the New Bedford School
Committee last Tuesday; he expects to have a final plan ready for a vote by
January. The School Committee's initial reaction was lukewarm; none of the
panel's members opposed the plan outright but several questioned its
legality and effectiveness.

"I believe it's political grandstanding from the mayor," School Committee
member Emilio Cruz said. "If it's such a good idea, we should be tested
too, starting with the mayor."

Cruz said he was worried that confidential drug test results might be
subpoenaed by law enforcement officials and that the school district might
have difficulty paying for tests.

But several parents and students at New Bedford High School said a testing
regime would probably deter drug use.

"I'm all for it," said Kathy Ramos, 34, as she waited in a minivan to pick
up her freshman son after school.

"We have an open relationship, but there's some things he might not tell
me," said Ramos, who added that she would sign him up for the testing
program if it is approved by the School Committee.

Many teenagers at New Bedford High School, which has 3,500 students, said a
trusting relationship would more effectively prevent drug use.

"They should trust us enough so we don't have to take drug tests," said
Mallory Nobriega, 17, a senior.

Currently, the US Supreme Court has upheld mandatory school drug testing
only for students who participate in sports and extracurricular activities.
There have been no rulings on voluntary drug-testing programs.

According to a University of Michigan study published in the Journal of
School Health in April 2003, 18 percent of surveyed schools implemented
drug-testing policies between 1998 and 2001 and most focused on students
suspected of drug use, rather than employing a random approach.

Few school districts around the country have voluntary drug testing
programs. The most widely cited examples are in New Orleans, where at least
three public schools now offer voluntary drug testing.

Glenn Koocher, executive director of the Massachusetts Association of
School Committees, said school drug testing is a public health issue ripe
for debate. But, he added, there would be "significant Constitutional
barriers" and in all likelihood a fierce legal fight if New Bedford adopts
the mayor's proposal.

"This will be like Christmas time in October for the lawyers," he said.

Some New Bedford parents like David Perry, 47, who has a daughter in high
school, do not object to the program in principle, but wouldn't enroll
their children.

"I'm not sure this is the correct way to address the problem," Perry said.
"Having an open line of communication with your kids is much more important
than taking a drug test."

But even some of the students who object to what they call an invasion of
privacy believe a drug testing program could be effective.

"I don't think it's a good idea," said Jason Baptista, 17, a senior. "If
they pass it, though, you're going to be thinking that if you try
something, you might get caught by your mother. A lot of people would stay
away from drugs."