Local school districts weigh in on drug test ruling

The state Supreme Court ruling declaring random drug testing of student athletes unconstitutional left two immediate casualties in its wake: a drug-testing policy in Cle-Elum that was immediately suspended and the dashed hopes of a group of Sunnyside High School students who had hoped to initiate drug-testing on campus.

Cle Elum was the only district in Eastern Washington to require random drug testing of students in sports and extracurricular activities.

On Thursday, the state Supreme Court ruled unanimously that random drug testing of students violates the state's Constitution. It was the first time the state's high court weighed in on such drug testing policies.

The case arose when parents and students in the southwest Washington school district of Wahkiakum challenged a 1999 policy requiring all athletes to undergo urine tests. If drugs or alcohol were detected, the student was to be suspended from sports but wasn't reported to police.

The court agreed with Wahkiakum parents and the American Civil Liberties Union of Washington, which provided legal counsel, that suspicionless testing violates the "privacy clause" of the state constitution.

"Personally I was disappointed. I view our policy as one that provides our youth a reason to say no when pressured in regards to alcohol and drugs," Mark Flatau said Friday.

He is the superintendent of the 1,000-student Cle Elum-Roslyn district in Kittitas County.

The 320-student Cle Elum-Roslyn High School started randomly testing students in extracurricular activities last school year.

Under a policy adopted by the school board in May 2005, a computer randomly selected students participating in sports or other extracurricular activities to have their saliva tested for traces of drugs up to three times during the fall and winter seasons.

A student who tested positive could continue to attend classes, but faced varying lengths of suspensions from sports or campus organizations. The student also was required to enroll in a district-approved treatment program.

Flatau said the program cost $1,500 for the initial purchase of test supplies.

Prior to Thursday's ruling, district officials had planned at least two more random tests this spring. Those are now suspended.

Starting such programs does not come without controversy. A group of Cle Elum-Roslyn parents, with the help of the ACLU, sued saying the testing violates privacy rights and interferes with parents' rights in raising their children. They also believe it is an ineffective policy likely to drive away some students who can most benefit from extracurricular activities.

Students in support

However, feedback from students favors the practice. After being tested, students were given a survey. Of the 37 surveys collected between September 2006 and October 2007, there was overwhelming support for testing. Reaction was more mixed when asked how effective the program was in keeping students from using drugs.

"To think that simply having this policy solves our issues is naive, but it is one component of a more comprehensive plan to assist our kids in making good decisions," Flatau said.

ACLU spokesman Doug Honig said that suit is currently on the back burner, that is unless the Cle Elum-Roslyn district continues with its practice.

It's unclear what Thursday's ruling means for efforts in Sunnyside, where the school leadership students still want to push their proposal for mandatory drug testing of students participating in extracurricular activities.

"Yes, that's uncon-stitutional (now), but using marijuana and drinking is illegal for kids, so I don't see how they would stop this," said Aarika Hernandez, a 16-year-old Sunnyside High School junior who helped pitch the plan.

Students say marijuana is of particular concern because its use is so widespread it's a "social norm."

"It's the biggest thing we see here. When some kids go to the bathroom you know they aren't just 'going to the bathroom,'" said Jasper Rubalcava, 16.

While students participating in underage drinking is seen as more of a weekend activity, Rubalcava and the other leadership students said it's not uncommon to catch the scent of burning marijuana while walking through the parking lot.

Showing leadership

Nine juniors for the school's leadership class came up with the idea during a conference held in Washington, D.C., for leadership students from across the country.

Their plan was to test students who participate in extracurricular activities, which school officials estimate at about 700 of the 1,300 total students, as role models and leaders in setting the schools' culture. Like those in Cle Elum, Sunnyside students would be randomly chosen for tests two to three times during each sports season -- fall, winter and spring.

Sunnyside district officials plan to further review how the Supreme Court ruling might affect future policy.

"We're going to continue to look into it and get back to the students who recommended it heavily," said Superintendent Rick Cole.

Dave Martinez, who advises the high school leadership class, said such a policy would give students on the fence of drug use an excuse not to use.

Students also suggested providing training for teachers and staff to recognize students under the influence; provide an anonymous tip line; and provide extra security at the school to better watch students outside classes.

"I'm in support of it," said Bill Daley, Sunnyside High School athletic director. "I think it's great that the kids are pushing this. It takes kids to empower kids."

* James Joyce III can be reached at 577-7675 or jjoyce@yakimaherald.com.

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