PLYMOUTH REINSTATES STUDENT DRUG TESTING

But Board To Consider Updates To Keep Policy Current

PLYMOUTH -- The Plymouth Community School Board voted Thursday night to
reinstate its student drug testing policy.

But what form that testing policy will take is still up in the air.

Plymouth conducted random drug tests of students who participated in
athletics or extra-curricular events or who drove to school for three years.

That program was suspended Aug. 22, 2000, after the Indiana Court of
Appeals ruled drug testing in another school corporation unconstitutional.

But both the Indiana and U.S. supreme courts have ruled in recent weeks
that random drug testing of students is acceptable in certain circumstances.

One exception imposed by the Indiana Supreme Court bars random testing for
nicotine of students who drive to school but are not part of other tested
groups of students, Plymouth Superintendent John Hill said Thursday.

Schools are permitted to test such students for nicotine at the request of
a parent, Hill said.

Though students are chosen randomly for drug testing, parents can request
their children be selected as well, he said.

Hill recommended the board reinstate Plymouth's testing program, without
random nicotine tests for drivers, effective Aug. 1.

School Board President Ron Gifford expressed reservations about
implementing the plan again so soon after the rulings.

Gifford, an attorney, questioned whether Plymouth's previous drug testing
policy can pass some of the standards set in the two recent court rulings.

"I think we should hand this over to Joe (Morris, the school corporation's
attorney) to have him go over it and verify the legality of the local plan
in light of the rulings," Gifford said.

Gifford shared two concerns in particular with the board.

One involved the court's requirement that a positive test result is not to
bear academic consequences for the student.

"Our policy lays out that the first offense results in the student sitting
out 20 percent of the season for an activity," Gifford said. "If a band
member has to miss three required band concerts, I don't see how that
cannot have an impact on their grade."

Also, the court has specifically identified confidentiality of student test
results as a requirement for such programs, he said.

"They've said a student's results cannot be attached in any way to their
records," he said. "I don't know if our policy meets that standard.

"They've said staff is to be told of the results only on a need-to-know
basis. Does our policy meet that standard?

"I don't know."

Board Member David Van Vactor asked whether the board could vote Thursday
to reinstate the drug testing program, but still turn the details of the
program over to Morris for review, making any necessary changes at the Aug.
1 board meeting.

In the end, that approach was the one taken by the board, in a unanimous vote.

Board Member Todd Samuelson pointed to the need for taking action as soon
as possible in order to give students fair warning of the possibility of
being tested for drugs before the school year begins in August.

"They will be on notice tonight," Hill said. "You give them notice that
there will be drug testing.

"Only the details of how the testing procedures will work still have to be
worked out."

The drug testing program is paid for in part by funding from the courts,
Van Vactor said.

Another part of the funding comes from drug-free school grants Plymouth
receives, said Assistant Superintendent Jack Davis, adding those grants are
available only through this year.

The issue is set to come up again at the Aug. 1 board meeting, when Morris
said he would have his interpretation of the court rulings and their
relationship to the Plymouth plan.

The school budget workshop will also take place at the next meeting.

That meeting is scheduled for 7 p.m. Aug. 1 in the Administrative Office,
611 Berkley St.