LAWMAKERS REJECT TESTING STATE SCHOLARS FOR DRUGS

BATON ROUGE -- Concerned about potential constitutional lawsuits, a state
Senate committee rejected a bill Thursday that would have drug-tested
recipients of state-college scholarships.

Senate Bill 117 by Sen. Butch Gautreaux, D-Morgan City, called for the
thousands of students involved in the Tuition Opportunity Program for
Students, or TOPS, to be tested randomly throughout their collegiate careers.

"I've visited with many employers in my district and around the state, and
I've discovered that they can't accept many potential employees or
applicants because they can't pass a drug screen," said Gautreaux, whose
district includes western Terrebonne Parish.

"If we're paying for their educations, we expect them to get jobs," he said.

Gautreaux also argued that recipients of state money should adhere to state
laws.

In opposition, the Louisiana Chapter of the American Civil Liberties Union
of Louisiana argued that the bill could violate students' Fourth Amendment
rights against unreasonable search and seizure.

Members of the Senate Education Committee added that the bill could cost
the state thousands of taxpayer dollars to defend against lawsuits filed
over the issue.

Gautreaux admits the standard "could end up in court" and also open the
door for other drug-testing requirements.

He was unsure of how to pay for the drug testing before the bill was
introduced but figured it would cost the state about $33,000 a year to test
10 percent of scholarship recipients.

The TOPS program now provides free tuition to about 40,000 state college
students.

The committee voted unanimously to pull the bill from consideration.