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8/7/02
Court
widens scope of drug testing
WNC schools tread slowly, carefully
into new territory
By
David Teague
A June
decision by the U.S. Supreme Court could open the door for school
systems in Western North Carolina and across the nation to require
random drug testing for students in the marching band, choral groups,
academic clubs, or any other competitive activity.
Mountain educators, however, say they are not likely to rush to take
advantage of this new freedom.
In a region where some school districts are just starting to test
athletes for drugs — which has been legal since 1995 —
the idea of testing any student involved in a competitive activity
is being viewed as a potentially useful tool, but an unnecessary one
at this point.
I have mixed feelings about it, said C.E. Mack
McCary, superintendent of Jackson County Schools. On the one
hand, I support the idea of doing everything in our power to stop
kids from using drugs and making that kind of mistake. On the other
hand, so many of these activities are such a routine part of the high
school experience.
On June 27, the Supreme Court voted 5-4 to allow an Oklahoma school
district to maintain a broad drug testing policy designed to keep
students from using illegal drugs. The decision broadens a 1995 ruling
in a case known as Veronia School District vs. Acton, that allowed
urinalysis of student athletes by expanding drug testing to include
potentially any activity where school officials decide competitive
pressure could drive students to use drugs.
The ruling is being interpreted by many as an indication of widespread
concern about the environment of the nations public schools.
While there is some evidence of that concern in North Carolina, Kendra
Dockery, an assistant legal counsel with the N.C. School Boards Association,
said the June decision has not yet prompted a wave of new inquiries
to their office. Some state school systems had already enacted policies
that allowed drug testing for other extracurricular activities before
the Supreme Court decision, she said.
We have not received a lot of calls about it, she said.
It may be because most school districts are still focused on
the state budget.
Major drug problems rare
While WNC educators believe drug problems exist, they say they dont
believe it yet warrants taking steps to test more students.
I dont think we have a problem of epidemic proportions,
but I think it is becoming more available, said Ken Nicholson,
principal at Smoky Mountain High School in Jackson County. The
sad thing is kids are making decisions without thought of what the
prospects are. A lot of kids dont abuse at school, but weekends
and summers are times when they use alcohol and drugs. I dont
really see that, unless we had a more serious problem, that we need
to test more students.
Many WNC school districts have only recently started testing student
athletes for drugs. Others districts are considering adding a policy
this year.
Jackson County began random drug testing for athletes in the last
five years, while Swain County started two years ago. Macon County
Schools has adopted a drug testing policy for athletes that goes
into effect this year. Haywood County does not test student-athletes
for drugs.
We put in a random drug testing policy for the upcoming year,
said Gary Shields, principal of Franklin High School. Last
year, at the beginning of the fall season, we had to dismiss some
student athletes for possession of drugs. We dismissed them from
the team and that kind of put a cloud over the remaining teams.
Shields said the effort to devise a policy was initiated by other
students.
They came to me and asked Can you do anything to get
this crowd away from us? Shields said.
Franklin Highs policy, modeled after the Veronia v. Acton
court ruling, requires all students participating in sports recognized
by the North Carolina High School Athletic Association to be subject
to suspicionless random drug testing. Parents or guardians of the
student athletes are required to sign a written consent for drug
testing prior to participating in the athletic program.
If the drug test is positive, parents can request a second test,
at their own expense, to be conducted immediately. If the second
test proves positive, students must participate for six weeks in
an assistance program that includes weekly drug tests, at their
own expense; and they will be suspended from athletics for the remainder
of the current season. They can be retested at the start of the
next athletic season for which he or she is eligible.
The testing method is spelled out in detail in the policy: The
method of obtaining the sample should cause no more intrusion than
is typically encountered in a locker room or bathroom setting. The
Supreme Court acknowledges a different privacy expectation for boys
and girls in this regard. The Veronia School Districts policy
and practice required boys to produce urine samples at a urinal
while fully clothed with the male monitor observing from behind.
The girls produced urine samples in closed stalls while a female
monitor listened for sounds of tampering.
Since Swain County enacted the drug testing for athletes, no one
has tested positive for drugs, said Robert White, school system
superintendent.
In Jackson County, random drug testing of athletes has been conducted
about twice a season for the last four or five years, officials
said.
I do know of cases where somebody has been kicked off the
team and not allowed to play, but we have had no complaints about
it, said McCary. We dont do everybody at one time,
but at some point we get everybody.
No mass testing planned
Neither Swain, Macon nor Jackson county plans to act on the new
freedom given them by the Supreme Court any time soon. Instead,
Jackson County is pursuing an approach begun last year that McCary
said he hopes will encourage more students and parents to reveal
when they believe there is a drug or other safety problem the school
system needs to address.
Weve got some other measures — like systematic
surveys of kids and parents — that we plan to use, McCary
said. We are really trying to work against the no-tell policy,
because there are certain things that kids can engage in that are
highly dangerous, but a lot of this stuff has more to do with trust
and communication across generations.
The systematic surveys stem from a Safe Schools Advisory Panel formed
last year with three goals in mind: to provide more training and
procedures to help all school children; addressing the student code
of silence and how school personnel can work to increase students
trust in adults; and working with parents to recognize possible
incidents of child sexual abuse and the steps to prevent it.
Last year, Jackson County school psychologist Allen Painter and
Health Coordinator Larry McDonald developed a School Safety Needs
Assessment that included input from parents, teachers, staff and
students. This year, the plan is to build on the information gathered
in the assessment by convening school focus groups to evaluate the
current school climate and form whatever strategies are needed;
and to develop and/or identify survey instruments that allow for
more input of the current school climate.
Also beginning this school year, Jackson County officials plan to
provide comprehensive in-service training on verbal, physical and
sexual abuse and harassment issues to administrators, teachers and
staff.
Painter, who also is a coach, said the initial survey was not comprehensive,
but brought up several interesting issues that bear further scrutiny,
such as ways of keeping lines of communication open concerning abuse
or violence. While the issues raised by the Supreme Court decision
relate to curbing drug use, both Painter and McCary believe the
direction Jackson County is taking may help create ways of achieving
the same goals without resorting to the kind of drug testing the
courts decision allows.
The survey conducted last year gave them a sense of who students
were going to now to report abuse, which will be grist for the mill
for the focus groups and school safety teams, Painter said. This
gives them a tool for responding to issues as they surface, whether
the issue is violence, drug abuse, tobacco use or something else,
he said.
Weve had a lot of students report that they dont
like tobacco smokers and it is important that they be heard,
Painter said. We want students more and more to take ownership
of this process.
In Haywood County, school officials are just starting to move toward
a drug testing policy. At a Haywood County principals meeting last
week, school officials began working on a timeline to develop a
drug testing policy, but Anne Garrett, associate superintendent
of Haywood County Schools, said attention will most likely be focused
on the Supreme Courts Veronia vs. Acton decision, not the
new ruling.
Thats all were looking at right now, Garrett
said. Ive asked Allison Schafer, with the North Carolina
School Boards Association, to look at what surrounding counties
are doing.
As a part of moving toward developing a policy, Garrett said there
would be process for involving students and parents, as well as
educators. She said it is unlikely that a policy will be presented
to the Haywood County Board of Education until sometime after Christmas.
Another reason for not moving quickly to take advantage of this
new freedom is the potential cost of testing more students, Shields
said.
I dont know how far we can continue to go, Shields
said. I do agree that any organizations that represent our
school are expected to adhere to all rules and regulations of the
school, and that includes when the band or chorus goes someplace
and are there in the schools name. But I dont know whos
going to pay for all this. Our ABC board gave us the money to pay
for the drug testing were going to do.
Keeping options open
Though school leaders dont see an immediate need to expand
drug testing, many believe it is a good idea to keep the door open
for future use.
Our thinking is were not trying to catch people, but
if a kid is tested they can turn around and say they were drug free,
White said.
For me, it just gives us more flexibility if we choose to
go in that direction, said Rodney Shotwell, superintendent
of Macon County Schools. I dont know if its a
blessing or a curse that the Supreme Court made this decision, but
I inherently believe students do good things by nature, but are
influenced to do bad things. Im not sure where its going
to end — the band, the chorus? Do you test the chess club?
But were not going to abuse this new judicial right given
us.
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