Schools will implement random tests for drugs
Law targets athletes and others involved in extracurricular activities
BY LAYLI WHYTE
Staff Writer

Students in grades nine through 12 who participate in athletics and other extracurricular activities, or who park their cars at school, may soon be subject to random drug testing in New Jersey schools.

According to S-500, a bill signed into law on Aug. 29 by acting Gov. Richard Codey which took effect immediately, “many school districts in the state have a growing problem of drug abuse among their students.”

Following the lead of federal and state courts, the bill states, the Legislature has decided “it may be appropriate for school districts to combat this problem through the random drug testing of students participating in extracurricular activities including interscholastic athletics, and students who possess school parking permits.”

Under the law, local school boards will be responsible for holding public hearings before adopting a drug testing policy.

Students who test positive for drug use or who refuse to consent to testing, according to the law, will be suspended or prohibited from participating in extracurricular activities, or will have their parking permits revoked.

Random drug testing, the law states, will help deter drug use and provide a means for the early detection of students with drug problems “so that counseling and rehabilitative treatment may be offered.”

The testing would be for the use of controlled dangerous substances as well as anabolic steroids.

Testing will be conducted by the school physician, school nurse, laboratory or health care facility designated by the local board of education, and the cost of the testing will be paid for by the board.

State Sen. Joseph Palaia (R-Monmouth), who co-sponsored the bill with Sen. Nicholas J. Sacco (D-Bergen and Hudson), said in an interview that because of his and Sacco’s experiences as school administrators, they understand the need for parental involvement when implementing such a policy.

“The key to the whole thing is that each board of education has to hold public hearings,” said Palaia, a former teacher and principal. “We want the public to know what we are doing.”

Palaia said the legislation is important for several reasons, including making the playing field a safer place.

“A lot of these young people take drugs when they are out in the field competing,” he said, “and that creates a dangerous situation for the other students who are not taking the drugs. It puts the others at a great disadvantage.”

In the original version of the bill, only student-athletes were targeted for the drug testing, but the scope of the legislation was broadened, he said.

“The changes were made,” said Palaia, “at the request of people who were interested in the bill but thought it didn’t go far enough.”

Each board of education will structure its own policy, said Palaia, because each district has different needs.

Palaia said if school administrators, board members or the public ask for the testing to be extended to lower middle school grades where there is also interscholastic competition, such a request would be considered.

According to S-500, the drug testing policies should include: notice that the consent of the student and his or her parent or guardian is required for the drug testing, the procedures for collecting and testing the urine specimens, the manner by which students will be randomly selected, the procedures in the event of a positive result, the standards for ensuring confidentiality of results, the specific disciplinary action for students who refuse to take the test, guidelines for the referral of students who test positive to drug counseling or rehabilitative treatment, and the scope of authorized disclosure of test results.

Boards will be required to implement such a policy, according to Palaia, which means that this is another mandated cost for the schools to bear.

Edward Westervelt, superintendent of Red Bank Regional High School, Little Silver, said he appreciates this legislation because it expands the autonomy of the school.

“It lowers the standards by which random drug testing can take place,” he said. “Previously, we would have had to prove that there was a drug problem in school before random drug testing can take place. There is more and more concern about the steroid issue with professional athletes, and there may be steroid use by teenagers as well.”

According to Palaia, support for S-500 was not forthcoming from certain organizations.

“I was surprised and disappointed that the New Jersey Education Association (NJEA) did not endorse this bill,” he said. “I think it was wrong on their part.”

Kathy Coulibaly, spokeswoman for the NJEA, said the organization spoke out against the bill because it believes it is unconstitutional.

“The bill unfairly singles out athletes,” she said, “when it’s everybody’s responsibility in the school to keep an eye out for students who are in trouble.

“We encourage schools to develop more student-focused drug policies,” she said, adding that many NJEA member schools have implemented programs which focus on counseling for the student and developing strategies to help the student.

“We do not want students who are experiencing difficulties to be overlooked because they are not involved in sports or other extracurricular activities or because they don’t have parking permits,” said Coulibaly. “The focus still needs to be on helping every child.”

Palaia said that despite disagreements, he believes this legislation is important.

“Drugs are playing an important role in these students’ lives,” said Palaia. “You see what their role models are doing out on the field. It’s about time we addressed the problem at the high school level. This bill goes a long way toward addressing that problem.”