RULING SPURS DRUG TESTING QUERIES

U.S. Supreme Court upheld random checks at schools

By ANNE DAVIS of the Journal Sentinel staff

The U.S. Supreme Court ruling that it's OK to conduct random drug tests of
students involved in extracurricular activities already has sparked
interest among Wisconsin school officials.

"We have a lot of inquiries," said Ken Cole, executive director of the
Wisconsin Association of School Boards. "There are a lot of people taking a
look at it."

Only about 20 of the state's 426 districts have policies allowing random
drug tests, he said.

But among those now considering tests are two suburban school superintendents.

"I personally don't see any problems with it," said Victor Rossetti,
superintendent of the Germantown School District, who is interested in
starting a drug testing program.

Cedarburg School Superintendent Daryl Herrick said random drug testing
would be among the options considered this fall as his district devises a
plan to address student drug and alcohol use.

In its June 27 decision, a split high court ruled that schools could
randomly test students involved in competitive extracurricular activities
as well as athletics. Previously, tests had been allowed only for students
in sports.

The ruling upheld an Oklahoma school district policy that was challenged by
the American Civil Liberties Union and an honor student who sang in the
choir and belonged to an academic quiz team.

Christopher Ahmuty, executive director of the ACLU of Wisconsin, said the
ruling "is bound to increase" the number of schools that adopt random drug
testing.

"It's unfortunately a way for districts to pretend they're addressing this
issue, but it's counterproductive," he said.

Critics of the tests say they are ineffective and may even keep students
from joining sports and after-school activities. Ahmuty said research shows
students involved in extracurricular activities are more likely to stay off
alcohol and drugs.

Checks of area districts found none that administers random drug tests -
including the Milwaukee Public Schools and Waukesha, where the idea was
briefly considered two years ago. Waukesha Superintendent David Schmidt
dismissed the concept at the time, saying he needed more input from the
community before going forward with such a plan.

Schmidt doesn't expect the district to start drug testing anytime soon,
regardless of the Supreme Court decision, he said this week.

"Just because the Supreme Court says we can do it doesn't mean we will,"
agreed John Box, superintendent of the Mequon-Thiensville School District.

Although district policy allows drug testing of students, Box said
officials have never done so because they do not see the need.

Safety was the primary rationale behind the Medford School District's
decision to institute random drug testing of athletes three years ago,
according to Deirdre Novinska, administrator of the small rural district in
north-central Wisconsin. Athletes who compete under the influence of drugs
or alcohol are much more likely to hurt themselves or others, Novinska said.

The district tests about 70 students a year. Ten students are tested at a
time, and tests are conducted twice during the fall and spring sports
season. Because the winter season is longer, tests are administered three
times, according to Novinska.

Students are tested for nicotine, opiates, amphetamines, cocaine, alcohol
and marijuana. So far, the only positive tests have been for nicotine,
Novinska said.

Last year, the program cost the district $3,119. Officials have no evidence
to indicate whether the program has cut student alcohol and drug use,
Novinska said.

Such uncertainty is a product of the random nature of this type of testing,
noted Jeff Tortomasi, administrator of the Hartford Union High School
District. Students who regularly use drugs or alcohol will not be caught if
they are not picked for the screening.

"You could know a kid is using every day and not be able to prove it," said
Tortomasi, who doesn't expect his district to go to random tests.

The cost is the major reason districts don't go to random testing, said
Cole, of the school boards association. With many districts facing huge
budget deficits, "it falls victim to limited resources," he said.