BILL ADDRESSING STUDENT ACTIVITIES FAILS

PIERRE -- An effort that failed Friday in the South Dakota Legislature
would have given school boards some discretion in handling students who are
barred from extracurricular activities because of drug convictions.

Supporters said the current law is too harsh. The law, passed in 1997 at
the request of Gov. Bill Janklow, requires a one-year suspension from
extracurricular activities for a first-offense drug conviction; a second
conviction requires permanent suspensions from athletics, band and other
activities.

HB1119, offered Friday by Rep. Casey Murschel, R-Sioux Falls, would have
provided 60-day suspensions for initial convictions of students who see
counselors and get treatment, if recommended. The measure would have
provided 120-day suspensions for repeat offenders if they were evaluated by
drug counselors and completed at least 60 hours of counseling or a
treatment program.

Only students convicted of drug possession would have qualified for shorter
suspensions from extracurricular activities. Drug sellers were to be excluded.

Murschel said the bill, which was killed 7-6 by the House State Affairs
Committee, would have allowed school boards to decide on a case-by-case
basis if students should be given second chances.

''We know that youth make mistakes,'' she said.

Urging support for the bill, Dianna Miller, lobbyist for several large
school districts, said the current law is too tough. In addition to
punishment, students who use drugs should also get help, she said.

''If we can intervene early with an assessment and a counseling program,
perhaps we can turn that young person around,'' she said.

Simply excluding students from extracurricular activities does nothing to
help them, Miller said. ''Sometimes activities are the caveat that keeps
kids in school,'' she added.

Brent Wilbur, lobbyist for the governor, opposed the bill. Younger students
often look up to those who are in sports or other activities, and it would
send the wrong message to relax penalties for those caught with drugs, he said.

''With this bill, you could have convicted felons playing high school
sports and engaging in other high school activities,'' Wilbur said.

The names of 493 students who were convicted on drug charges have been
turned over to the state High School Activities Association in the last two
years, he said. Many other students avoided suspensions from
extracurricular activities because they were not convicted, but were
instead put on informal probation, he said.

Rep. Mel Olson, D-Mitchell, said alcohol is a bigger problem for teen-
agers than drugs. Shouldn't students who get busted for drinking also be
suspended from activities? he asked. And how about teens who break far more
serious laws but are not currently barred from going out for basketball or
other activities? asked Olson, who is a teacher.

''I have difficulty understanding why my starting five can be a rapist, an
aggravated assaulter, a drunkard, a vehicular homicide person ... but the
kids who smokes marijuana cannot,'' he said.