BY LAYLI WHYTE
Staff Writer

Students 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 that 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 state mandate, local school boards will be responsible for holding public hearings before adopting the drug testing policy.

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

Random drug testing, the bill 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.

Sen. Joseph Palaia (R-11), who co-sponsored the bill with Sen. Nicholas J. Sacco (D-32), said in an interview last week 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 that 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.

The bill initially focused on student athletes, but 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.

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.

Dr. Edward Westervelt, superintendent of Red Bank Regional High School, said in an interview last week that 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.”

Westervelt said that the RBR Board of Education was planning to discuss the new legislation at its Sept. 7 meeting.

“There is more and more concern about the steroid issue,” he said, “with professional athletes, and there may be steroid use by teenagers as well.”

According to Westervelt, the policy that the school already has in place only allows for the testing of students who teachers and staff see exhibit behavior that indicates they are under the influence of drugs or alcohol.

The teacher or staff member then makes a report, the student is sent to the health office, the parents notified, and the student is given a urine test right at the school.

If there is a positive result, the student is suspended and sent home, and he or she is not permitted back into the school until a follow-up test is taken and the results are negative.

Westervelt said that treatment programs are also lined up for students who test positive.

He said that although he does not believe there is a drug problem at RBR, he is realistic.

“I’d say that there is probably no school in the county or the state that is totally free of drugs,” said Westervelt. “I think it’s a cyclical kind of thing. I think students are aware that if they are using drugs in school, we will find out. It’s a very strong deterrent, but I’d be naive to think that there are no drugs in the school.”

According to Palaia, support for this bill was not forthcoming from certain organizations.

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

Kathy Coulibaly, spokeswoman for the New Jersey Education Association (NJEA), said that the organization spoke out against the bill because it believes that the bill 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.”

Coulibaly said that NJEA has opposed other similar pieces of legislation in the past because it detracts from the effort every school employee should be making towards getting help for those students who need it.

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

“We do not want students experiencing difficulties to be overlooked because they are not involved in sports or other extracurricular activities or don’t have parking permits,” said Coulibaly.

She said that just because the legislation is law now, it should not change the focus for everyone in the schools.

“The focus still needs to be on helping every child,” said Coulibaly.

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

“Drugs are playing an important role in these student’s 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.”