RANDOM DRUG TESTS UNDER REVIEW

Court Weighing Constitutionality Of Testing, A Policy On Hold At Area
School.

TRENTON -- A state Supreme Court ruling on random drug testing in schools
will affect policies in two Hunterdon County high school districts.

The Supreme Court heard arguments Wednesday from civil rights attorneys who
argued Hunterdon Central Regional High School's random drug testing policy
violates a student's rights.

School board officials and parents countered that random testing is a
deterrent to drug use and that the district is responsible for protecting
students.

Hunterdon Central's policy has been suspended since 2001 when a group of
parents sued on grounds that it violated students' constitutional rights.
The state Appellate Court rejected their argument in August.

The Supreme Court will rule on Hunterdon Central's case at a later date.

Under the school's policy, students involved in extracurricular activities
and those who park on school property are subject to random testing. The
policy affects about 80 percent of the school's 2,500 students.

North Hunterdon/Voorhees Regional High School District is considering
changes to its substance abuse policy that could make random tests a reality
for a similar range of students in that district's two high schools.

The district's drug task force will hold its first meeting at 7 tonight in
the district administration building off Route 31 to discuss changing the
policy.

"We're going to be examining all of our policies pertaining to substance
abuse and one of the things that might come out of that is random drug
testing," said North Hunterdon Regional High School Principal Mike Hughes.

Attorney David Evans helped develop Hunterdon Central's policy when his
daughter was a student there. He is also involved in the discussion at North
Hunterdon/Voorhees. His son is a sophomore at North Hunterdon.

Evans, who is not professionally involved in the case, attended the Supreme
Court hearing Wednesday and said he was encouraged by the questions the
justices asked.

"I think the court clearly recognized that there is an epidemic of drug use
among young people," Evans said.

He said he has supported random drug testing in both districts because he
feels it gives students a reason to say no to drugs.

Evans said the Hunterdon Central policy helps students who do test positive
for drugs by steering them into drug counseling. Those students are not
exposed to prosecution and results remain confidential.

"Nobody gets hurt and the program is strictly confidential under federal
law. Typically the reaction from parents is one of gratitude," he said.

But opponents say any intrusion is too much.

American Civil Liberties Union attorney J.C. Salyer argued that randomly
selecting students violates their right to privacy.

"The state is not asserting any reason to test students other than there is
a low level of privacy for students," Salyer said.

Joan and Phil Greiner of Flemington were among several families that filed
the lawsuit. They said the district does not have an adequate reason to take
away a student's rights. Their daughter, Melissa, agreed to be subject to
random testing as a participant in the school's gymnastics program. She is
now a sophomore in college.

"You are taking away a broad constitutional protection," said Joan Greiner.
"I believe you need to have a very broad justification."

Other students have mixed opinions on Hunterdon Central's policy.

Senior field hockey and lacrosse competitor Amanda Florio, 18, of Raritan
Township said parents should have some say in whether their children are
tested for drugs but added that athletes representing the school should be
drug-free.

Florio said she was chosen for a drug test four times during her freshman
year and found the urine test procedure used then uncomfortable.

"It is very awkward, but part of me is like, if you have nothing to hide
then why not," she said.

Hunterdon Central now proposes to use an oral swab drug test.

Junior Chris Pannone, 16, of Readington Township is a member of the school's
cross country and track teams. He said the sacrifice of privacy is minimal
and would be beneficial to the school and its image.

"If it prevents one student from taking drugs then it's worth it and I'm
sure that wouldn't be the case, it would be hundreds," Pannone said.

The North Hunterdon/Voorhees drug task force will study the efficacy of
random testing and other ways to steer students clear of drugs, said school
board President Thomas Flynn.

"You need to demonstrate need," Flynn said. "One of the criteria (the
courts) look at is whether there is a need if it is challenged."

North Hunterdon/Voorhees has seen a number of students troubled by drugs.
Several teenagers and young adults have died of heroin overdoses within the
school district. Whether that demonstrates a need for random drug testing is
unclear, Flynn said.

"There are some people who argue yes and there are some people who argue no.
The committee is going to come up with some kind of qualitative data that
there is or there isn't a problem," he said.