Reprint from the Progress Times - April 27, 2007
©Progress Times 2007 - All Rights Reserved

New Drug Testing Policy OK’d By Mission Trustees

By Kathy Olivarez

“Parents need to accept the fact the district has a problem with drug use among students and approve the program to save lives.”
Those were the words of Ramon Rodriguez, who added “parents are often oblivious to their children’s drug use, while the kids risk their lives trying a variety of drugs such as ecstasy and steroids.”
Rodriguez’s words came during the citizen participation portion of a public hearing Monday, April 23, at Bryan Elementary over the student random drug-testing program, which finally received the board’s approval. The program began with a presentation by Craig Verley, director of public relations/policy manager, who described what the program would and would not include.
Verley said the proposed policy, under consideration for about two years, is based on Supreme Court rulings and policies in other Texas school districts. A committee made up of the superintendent, athletic director, athletic coordinators from the two high schools, UIL activity sponsors, secondary school coaches, band directors, choir directors and parents of secondary students, along with student representatives, developed the policy with the district’s legal counsel.
Verley said it was not designed as a punitive measure but instead to deter use of illegal drugs and alcohol among students. At the same time it would offer students a way to resist peer pressure to use illegal drugs or alcohol. Assistance to any student using illegal drugs and/or alcohol would be provided, he said.

Verley said the random drug-testing program will apply to all students in seventh through 12 grades who choose to participate in school-sponsored extracurricular activities. That includes all inter-scholastic athletics, cheerleading, drill team, academic clubs, special interest clubs, musical performances, dramatic productions, student government or any other activities or group participating in contests, competitions or community service projects as a representative of the district. Verley explained current law prohibits random testing of all students.
Students who drive to and from school or who park within 300 feet of school property also will be subject to the same random drug testing requirements. A student with a positive test will not be permitted to park on school property for 30 schooldays. After 30 days and retesting with a negative result, the student will again be allowed to park on school property.
A licensed medical facility or third party administrator selected by the superintendent and approved by the board will do the screening. Drugs to be tested for include amphetamines /methamphetamines (speed, uppers, and diet pills), barbiturates, (downers, sleeping pills), rohypnol, marijuana, cocaine, ethanol, methaqualone, methadone, opiates including heroin, morphine, and codeine, PCP and angel dust, oxycodone, steroids and performance enhancing substances.

A student identified for random testing who, because of illness or other legitimate reasons, leaves school on the day the test is performed will be included on the next random screen. A student who refuses to submit a specimen shall be removed from the activity.
A student found to have drugs in his or her system would be suspended from extracurricular performances for a period of not less than 15 days from the date of the first positive test. A second positive test will result in a suspension of 90 days while a third positive will result in a one-year suspension. A fourth suspension will result in a suspension of the remainder of time he is enrolled at MCISD.
Reaction to the proposed policy was mixed with some parents strongly opposed. Lori Cain said it is wrong to test students for drugs with no probable cause and that it violates the fourth amendment. She told the board she knew some of them were hunters and asked how they would feel about having someone take away their right to bear arms.
Mrs. Cain also felt the school district was usurping the role of parents and running up a costly bill for the district. At $42 per test, cost of testing 50 students would be $21,000. She questioned how many students would be tested and how often. If only students involved in extracurricular activities could be tested, how could the district include students who drive to school if they do not participate in those activities.
MCISD attorney David Hansen told Mrs. Cain student drivers could be included because it is a safety issue.
Superintendent Oscar Rodriguez told the audience state mandatory testing for steroids was introduced in January. MCISD is taking the policy further to include testing for additional drugs.

John Cain also opposed the testing. Reasons for testing adults included those who had previously been convicted, those with sensitive job security and for work place safety. Cain felt testing of students in sports or UIL activities was like “testing for sobriety in the church parking lot.”
“You will stigmatize the best and brightest students. You are targeting the wrong group,” he said adding it was wrong to test those in extracurricular activities when those who just went to school could not be tested. He felt that students who brought honor to the schools should not be “examined under a microscope.”
Moises Iglesias questioned where the district would get the money for the testing.
The superintendent said the district will apply for a grant but the initial costs will be borne by the district.
Iglesias asked how many times a year testing would be done and how many other districts will be doing the testing.
Rodriguez said three other districts are testing for all drugs, none of them in the Valley. “MCISD is a trendsetter,” he said, adding that other districts may follow suit once they see Mission’s policy.
Dianne Vlasik stated her opposition to targeting specific groups and felt all students along with the staff should be subject to random drug testing. Her comments drew an “amen” from the audience.
She said students with drug problems might avoid extracurricular activities to avoid getting tested, but those students would still present a hazard for the health and safety of other students.
Rodriguez stated currently the Supreme Court allows testing of only students involved in extracurricular activities.
He added city judges are testing students brought in on truancy charges.

“What price do you put on a kid’s life?” asked Trustee Danny Carrera, who said the key issue is beginning the process. The program is getting strong support from law enforcement agencies.
Carrera noted race horses are tested along with cattle in livestock shows. As an educator, he said, he had seen kids pass out in hallways from steroids and felt teachers do a disservice to them if they ignore the problem. Parents are busy and many don’t know what is going on.
Carrera concluded drug testing is a safety measure that might save a child’s life.
He also said about 5,000 students participate in extracurricular activities or drive to school. Their I.D. numbers would be placed in a bin and a certain number, 30 to 60, would be selected for testing each month.
“If it saves just one kid’s life, or keeps one student away from drugs, it is worth the expense,” he concluded.
“This is not a gotcha deal,” said Trustee Dan Gerlach. “We are here to help those with problems.” He agreed staff also should be required to be tested.
Rodriguez said only those related to safety, such as bus drivers and those who handle volatile materials, can currently be tested.
Hansen said suspicion based testing of students and employees who appear to be intoxicated is permissible.
Jabim Zapico, a student at Veterans Memorial High School, said he favored the testing, adding parents are naïve if they think it does not happen.
“Some of those here tonight receiving awards are involved in drugs and alcohol,” said Zapico who referred to a period earlier in the meeting when many high school students were honored for their achievements. Zapico estimated only 10 percent of students do not use drugs or alcohol.

Gerlach said, “The district spends millions of dollars to educate students but when they get involved in drugs, their lives are gone.”
“Many parents are asking the board to assist them in keeping their kids away from drugs,” said Trustee J.D. Villarreal. “Parents can ask that their children be tested.”
Minnie Rodgers applauded the board’s efforts, saying many parents don’t realize what is going on in schools.
James Olivarez, a board member and a pharmacist, said people often ask him for “something to get drugs out of their system because they have to face drug testing the next day.” He also said pharmacists are tested because without testing the industry could have people who would hand out harmful drugs.
After discussion, Trustees unanimously approved the new random drug testing policy.