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KINNELON - BOE introduces random drug and alcohol testing policy
(by Deborah Walsh - Staff Writer - October 17, 2008)
KINNELON - After lengthy public comment and board discussion, the school board approved the first reading of a random drug and alcohol testing policy by a 5-2 vote on Thursday.
Board members Margaret Zybrick and William Hickey voted against the first reading of the policy. Board member Keith Dama, who raised questions about naming the drugs that will be screened through the policy and the policy’s wording, initially said he could not support the policy as written. Apparently satisfied after the board went over each one of his concerns, he supported the policy’s introduction.
School officials will seek legal advice on whether the changes recommended by Dama are substantive.
The policy being considered by the board applies to students under 18 who participate in sports, extracurricular activities or drive to school. Under state law, students who do not participate in these activities cannot be forced to submit to testing because state law requires that all students age 6 through 16 receive an education. Under the terms of the proposed policy, students who do not participate in sports, extracurricular activities or have driving privileges can voluntarily sign up for the drug-testing program.
The policy introduced does not call for punitive action after the first positive confirmed test result. Students will not be suspended from school, sports or extra-curricular activities, nor have their driving privileges revoked after their first positive test result providing they follow policy procedure. The procedure calls for intervention (counseling) and requires medical clearance to participate in school and school activities. If a positive test result is confirmed, then the student becomes part of the district’s suspicion testing program. If a student refuses to submit to a test, the refusal equates to a positive test result.
The policy under consideration calls for metabolite testing of alcohol, which requires submission of a urine sample. Previously, the board discussed an alcohol test that would require a saliva sample. The metabolite test can detect alcohol for a longer period of time. The test that is being mulled is known as the "Friday Night" test because when a student is tested on Monday it can identify the byproducts of alcohol consumed the previous Friday night.
At the public portion of the Oct. 16 meeting, three community members elected to speak. Evin Feliciano, a Kinnelon High School (KHS) senior, his brother Cary Feliciano, a KHS sophomore, and Peggie Byrne of Gold Finch Run.
Evin Feliciano raised questions over whether the policy violates rights afforded under the Fourth Amendment of the U.S. Constitution, which prohibits unreasonable search and seizure. Evin also suggested that the matter be put to a public vote via a referendum.
After praising Feliciano’s research and eloquent expression of his thoughts on the matter, James Opiekun, superintendent of schools, said policy questions do not come under the purview of a referendum. The public elects board members and board members are charged with setting policy, he said.
Peggie Byrne of Gold Finch Run, who has repeatedly voiced her opposition to a random drug testing policy, said the board does not have any statistical data to indicate that drug testing is necessary or the expense warranted. She questioned the efficacy of such a program. Byrne said a survey and public forums indicate that the majority of the public does not support the proposed drug-testing program.
Byrne asked Opiekun about the results of the survey that was offered via the Internet. Opiekun said the results of the survey that was taken by 300 to 400 people indicated that 54 percent were against testing and 46 percent favored testing. Opiekun said a pattern was evident when it came to the age of survey respondents with high school aged students opposed to the drug testing policy. Under the proposed testing program, Opiekun said 10 percent of the student population would be randomly tested, which will cost the district a projected $3,400.
In addition to the majority people surveyed not supporting the drug testing policy, Byrne claimed more than 90 percent of the people who spoke at a September public hearing on the issue were against a random drug testing policy.
"That’s twice you had the opportunity to ask the people of the community, twice the community has spoken and twice the people on this board didn’t get it," said Byrne.
Responding to Byrne’s questioning on whether the testing program would have quantifiable results, Richard Beeferman, board president, said some results are difficult to determine. Beeferman also said he has spoken to countless people who back the policy though they have not publicly stated their support.
"We’ll never know if a kid didn’t take a drink at a party because of the policy. Some statistics can’t be measured," said Beeferman. "I’ve spoken to hundreds of parents with younger children. They hope their parenting skills are enough, but one more thing to help them with their kids not doing drugs was enough for them."
Byrne said schools should be places for higher learning. She said the only thing that separates how students are tested under the policy and how prisoners are tested for drugs is an orange suit. Byrne said data shows drug use has declined in recent years, which might be attributed to the DARE (Drug Abuse Resistance Education) Program.
"DARE is not working as well as we would like,” Opiekun responded. “For reasons of confidentiality I can’t share with you every instance. I can tell you there have been a number of near misses - kids who have over-dosed and had their stomachs pumped, DWI’s (Driving While Intoxicated), kids that ended upside down in a car in the reservoir. There have been a number of near misses in the last five years and they’re the reason why there is anxiety about whether we are doing enough to keep kids safe."
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