From the Yakima Herald-Republic Online News.


Posted on Sunday, March 23, 2008

Find a way to keep valuable testing programs

Yakima Herald-Republic

Mandatory drug testing of students participating in extracurricular activities has been ruled unconstitutional by the state Supreme Court, but that doesn't necessarily have to mean an end to the practice.

There may even be controlled circumstances where mandatory programs can meet constitutional muster. But if nothing else, why can't testing be done on a voluntary basis, backed by peer pressure to participate?

While the court decision was unanimous, Justice Jim Johnson wrote in a separate concurrence that a student's right to privacy is "not absolute and thus not all drug testing programs are invalid. Under carefully defined circumstances, a random suspicionless drug testing program for high school student athletes, in my opinion, might also be implemented that will meet applicable constitutional requirements."

The court ruled earlier this month that the mandatory program involving random tests of student athletes in the Wahkiakum School District violated the privacy clause of the state constitution.

As a result, the Cle Elum-Roslyn School District, the only one in Eastern Washington using mandatory random testing, immediately suspended its program that had been well received by students since it was implemented in the 2006-07 school year.

But instead of districts give up on testing, we would rather see efforts focus on finding programs that will stand up to challenge. The Sunnyside School District could well serve as a model since student leaders and district officials have pledged to research what is possible in the way of testing.

Sunnyside actually tried a two-year voluntary testing program in the 2000-01 and 2001-02 school years, according to Superintendent Rick Cole. The best the district could achieve in the program was 65 percent participation of those in extra-curricular activities, he said, even though it was not commonly known who did or did not take part. But there was a demonstrable decrease in drug and alcohol use, he added.

Frankly, voluntary participation by two out of three students isn't bad at all. It's actually a testimonial to the fact that the majority of kids everywhere are clean and most likely don't want to be tarred with the same brush as those who are not.

Cole said Sunnyside used a saliva swab test during the two-year program and that ended when the company performing the tests no longer did so in the community. Urine testing was considered too invasive and the testing program was dropped.

Cle Elum-Roslyn used a saliva test; Wahkiakum a urine test.

There's a new push in Sunnyside from students themselves. Before the court ruling, nine juniors in the high school's leadership class had proposed mandatory testing of students participating in extracurricular activities.

Cole said the district will continue to research what's possible, but certainly will continue to support and pursue the students' interest and initiative.

That's good advice in Sunnyside, Cle Elum-Roslyn and school districts across the state. The court ruling is a setback, but it does not have to be an end to searching out testing programs.

The state constitution's privacy clause is more restrictive than the U.S. Constitution and that portion could be amended to embrace the types of testing programs that are common in other parts of the country. But such an amendment -- requiring two-thirds approval of the state Legislature and ratification by state voters -- is a longshot at best.

Better to search out voluntary programs or a combination of voluntary/that can withstand challenge. Such programs are certainly worth the commitment of resources.

Students who care, and there are lots of them, deserve no less.

 

* Members of the Yakima Herald-Republic editorial board are Michael Shepard, Sarah Jenkins and Bill Lee.