SMART group rallies against drug testing

Upper Freehold Regional School District students are organizing in protest of possible randomdrug testing for pupils involved in extracurricular activities.

A group of students and parents voiced their dissent at theUpper Freehold Regional Board of Education meeting on Feb. 20. The board is currently in the process of reviewing a random drug testing policy that the school district's Random Drug Testing Committee wants to have implemented.

The school district already has a policy in place for the evaluation and treatment of pupils under the influence of substances.According to the student handbook, any staff member who suspects a pupil may be under the influence on school property or at a school function has to report the matter to the school nurse or an administrator. The student's parents are notified and the principal arranges for an immediate medical examination of the pupil.

If it is determined that a pupil has been using, a Substance Awareness Coordinator determines the need for treatment and parental outreach is conducted.

Students found using may fall subject to further scheduled or random drug tests and various penalties. For the first offense, a student gets two days of out-of-school suspension (OSS) and five days of in-school suspension (ISS), suspension from extracurricular activities, parking and other grade-related privileges for 45 days. For a second offense, a student gets five days of OSS and two days of ISS and continues to have suspended privileges. For the third offense, a student gets 10 days OSS and a mandatory Board ofEducation hearing aswell as the additional penalties.

New Jersey students in grades nine through 12 who participate in athletics and other extracurricular activities or who park their cars at school became subject to random drug testing in schools across the state when then-actingGov.Richard Codey signed bill S- 500 into law onAug. 29, 2005.

Following the lead of federal and state courts, the Legislature decided itmay be appropriate for school districts to combat drug issues through the random drug testing of students participating in extracurricular activities, including interscholastic athletics, and studentswho possess school parking permits. Under the law, local school boardswere made responsible for holding public hearings before adopting new drug testing policies.

If the Upper Freehold Regional Board of Education decides to adopt the policy proposed by its Random Drug Testing Committee, 85 percent of the student body would become eligible for the tests.

According toAllentownHigh School Principal Chris Nagy, the district would hire an outside organization to randomly select students to test. He said only 10 percent of the 85 percent eligible would actually be tested each year for a total of 80 tests per year. He said each test would cost $27.

Board of Education President Joseph Stampe said the boardwould reviewthe proposed policy, which the committee derived from researching other school districts with such policies including Hunterdon Central, Middletown and BrickMemorial.

As proposed, the policy would allow parents to have their children opt out of the testing, but those who refuse the tests would not be permitted to participate in extracurricular activities. The policy would require students who test positive to attend sessions with the school's student assistant counselor (SAC) and preventative educational programs. Students who test positive could lose the privileges of participating in extracurricular activities, parking on campus, going to prom and walking in graduation.

Stampe said the board is committed to providing a safe environment for all students and to preventing drug, alcohol and steroid use. He said he has reviewed statistics that showrandomdrug policies dramatically cut drug use in the student populations.

Many students are against the proposed policy and have formed a Facebook group called Students Morally Against Random Testing (SMART). The group currently has 200 members.

In four days, SMART collected 387 signatures of students against the randomtesting and presented them to the board.

"We will continue to add to that list and plan on resubmitting the petition at the next Board ofEducationmeeting, providing copies for all members of the board and the administration as well," Brendan Benedict, an Allentown High School senior and former president of the Life Savers Club, said.

Benedict said students from every grade are involved in the process.

"Asmore information becomes available, I think more of the student body will join in the opposition as the policywill effect the 900 students involved in extracurricular activities," he said.

Although there are flawed logistical and monetary aspects of the policy, Benedict said personal privacy is the central issue.

"Random drug testing is a gateway drug to students having less freedom," he said. "Students on medication would have to disclose that information to clear their names after a positive test. That is certainly a step too far andmight fall in conflict with the nation's HIPAAstandards."

Benedict said there are many ways in which the school can curb the use of drugs and alcohol other than by conducting random drug testing.

"The social aspect of recreational drug and alcohol use is a large component of the problem," he said. "The school should add more social activities on Friday and Saturday nights, to provide for a safe and fun environment away from substance use."

He said the high school currently holds three dances a year and should holdmore, as well as other events.

Benedict said stress is another component in a student's desire to use drugs or alcohol.

"By providing some sort of therapy for overburdened kids, the school would be taking a proactive step in drug prevention," he said. He also said the school district should consider hiring an additional Student Assistance Counselor and opening the Life Savers Club to all members of the student body instead of just to students who pledge to be drug free.

"Communication is also key," he said. "Most students are unaware of programs offered by the StudentAssistance Counselor."

Benedict said that even though it seemed like boardmembers and administrators have already made up theirminds about the issue, the community response remains strong.

"Several board members requested additional information and thanked us for attending," he said. "I am adamant inmy belief that with a strong community coalition this policy will not be enacted, and, failing that, non-supportingmembers of the Board of Educationwill not be reelected."

He said a large portion of the senior class is eligible to vote in April's Board of Education elections and would certainly respond if the measure passes.

Students against the proposed random drug testing policy can take a stand by signing the petition, becoming an activemember of the SMART online community, attending Board ofEducationmeetings andwriting letters to board members.

"As the vote on the policy approaches,we will intensify and vary in our protesting methods," Benedict said. "We have also received the backing of the national organization Students for Sensible Drug Policy and are in the process of getting assistance from theAmerican Civil Liberties Union."

The New Jersey Supreme Court, in a 4-3 decision on Sept. 9, 2003, upheld Hunterdon CentralHigh School's randomdrug policy for students in extracurricular activities and those who park on campus. The American Civil LibertiesUnion had challenged this policy, on behalf of parents and students, as a violation of privacy and the protection against unreasonable searches and seizures in the NewJerseyConstitution. The State Supreme Court held that the school met the "special needs" exception to the search and seizure warrant requirement because of the need for schools to provide safe environments, the diminished expectation of privacy of students (especially when in extra-curricular activities) and the showing by this school that a significant portion of the student body had used drugs or alcohol. The New Jersey Supreme Court, therefore, stated that a policy of random testing for all students, rather than limiting it to students involved in extracurricular activities, would eliminate the ability of a conscientious objector to opt out of the eligible pool and would jeopardize the program's constitutionality.

The court also stated that its decision is "not to be viewed as a green light for schools wishing to replicateHunterdonCentral's program." Each drug and alcohol testing programwould be analyzed separately, and each school would have to "base their intended programs on a meticulously established record."

Therewere eight incidents involving substance abuse during 2006-2007 according to the annual substance abuse, violence and vandalism report for Upper Freehold Regional SchoolDistrict.When compared to the report for the 2005-06 school year, the number of substance abuse incidents in 2006-07 had decreased by 11. In 2005-06 there were 19 incidents of reported substance abuse at the high school and none reported at the lower grade levels.

Of the substance-abuse incidents in 2006- 07, five involved suspected marijuana use that was confirmed and two involved suspectedmarijuana and cocaine abuse thatwas confirmed. There was also an incident in which just cocaine use was suspected and confirmed, as well as two incidents where students were found in possession of illegal drugs for which the police were notified. The report also states that 22 students had been sent for drug screenings in 2005-06, 10 of who tested positive. The previous year's report stated that seven students had been screened and four tested positive. Prior to that, in 2004-05, 37 students had been sent for a drug screening and eight tested positive.

Louise San Nicola, the school district's public information officer, thisweek said that it is imperative for parents to understand that the board is unified in its interest to have randomdrug testing in an effort to keep students safe and drug free.

"They understand the importance of giving the students an opportunity tomake good choices," she said.

She said random drug testing has been shown to be extremely effective at reducing drug use in schools and businesses all over the country.

Fitzpatrick said that the appearance of concerned students at the last boardmeeting "tells us that our young people are committed to the rights of all people."

He said, "If students are looking to coordinate a change in our perspective, they shouldmake suggestions to the board.We are trying to do this in a cooperativeway because this came from students at the high school who wanted us to consider this as an option."

Fitzpatrick said the board will likely make a decision about the proposed policy in March and that the board has created a timeline that includes listening to and receiving input fromparents and communitymembers prior to reaching a decision.

The board's next workshop meeting will take place at 7:15 p.m. in the board office on March 5. l