School board questioned on drug testing proposal

Apolicy to initiate random drug testing among certain Freehold Regional High School District students was met with questions from members of the public when it was introduced at the Board of Education's Aug. 31 meeting in Englishtown.

District administrators have said that socalled privileged students will be subject to the random drug tests. A privileged student is defined as a student who participates on a school sports team, in an after-school activity and/or who holds a parking permit at the FRHSD school he or she attends.

Random drug testing cannot be conducted across the entire student body due to Supreme Court decisions that prevent that from occurring, according to district administrators.

Assistant Superintendent Patricia Emmerman said administrators want to initiate the random testing policy not as a form of punishment toward students, but rather as a way to deter students from participating in illegal and harmful activities such as underage drinking and abusing drugs.

No student will be expelled or suspended from school specifically as a consequence of a positive result on a random drug test, according to the administrators.

Students in grades 9-12 who have privileges or who elect (with parental consent) to participate will be subject to a random drug test.

Students in the testing pool will be assigned a random identification number to maintain confidentiality. The school nurse will call the students whose number is pulled for the test to the nurse's office. The student will be asked to provide a urine sample.

Should a student's test return as a confirmed positive, if the student and/or parent refuse to participate in the test when selected, or if the specimen is tampered with, the student will be ineligible for participation in his or her privileged area for a minimum of 30 days.

No disciplinary report will be placed on the student's record if a positive test result is received, Emmerman said.

After receiving a positive result, the student will have to meet with the school's student assistance counselor (SAC) for an education program four times immediately following the confirmed positive test. The pupil will be required to pass a drug test with negative results before he or she is able to receive their privilege again.

Additional time removed from privileges and more counseling would be required upon second or subsequent offenses.

The random drug testing policy in its entirety can be seen on the district's Internet website on the agenda for the Aug. 31 meeting.

Parent Ed McSherry, of Freehold, was upset by the board's proposed policy and said it was taking away a parent's responsibility.

"I think you guys are out of line, you have no business policing the children of the district. That's the parent's responsibility. You're the Board of Education, you're responsible for educating the kids. You want to take time during health class to teach them about drugs and alcohol, that's fine, but you have no right to take my job, policing my children," McSherry said.

Resident Chris Estevez, of Howell, had a long list of concerns to address with the Board of Education. Among those concerns were issues with confidentiality and who would have access to the results of the drug screenings. He also questioned the lab facility that would be used to determine the test results and he asked if the lab's qualifications would be presented to the public.

Emmerman told Estevez the students' identities would be protected through the use of the numbered identification. She said no one but the school nurse would know who that number corresponds with. She said when a student graduates from the district, his or her file is shredded to ensure confidentiality.

Estevez asked if results from the drug tests would be subject to New Jersey's Open Public Records Act (OPRA).

The board's attorney, Lawrence Schwartz, said laws pertaining to student confidentiality are extremely strict and said the policy would comply with those laws. Schwartz said no student information can be requested through the OPRA process.

In regard to the lab that will be used for the testing, Emmerman said a task force was created to look at the labs being used by other school districts in Monmouth County. She said each lab's qualifications will be considered.

Estevez said he had a hard time understanding how the board could regulate what a student does when he or she is not on school grounds. He used the example of a student who has a glass of wine with his family over the weekend.

Emmerman said the proposed policy does not intend to punish students, but does intend to discourage them from using these types of substances.

"We have the right to monitor students' behavior," Emmerman said, citing law.

Estevez also questioned the cost of counseling that would be required if a student tests positive a second time, necessitating assistance from outside the FRHSD.

Administrators said the school's student assistance counselor would help the student's family find affordable counseling services.

Nancy LoCascio, who is a member of the Colts Neck K-8 School District Board of Education, sought clarification on certain points in the district's proposed policy. Lo- Cascio wanted to ensure that the student's parents would be notified prior to the drug test being administered.

"We are talking about the vast majority [of students] being minors. I know if my kid was called in, I better be called in, too," Lo- Cascio said.

Emmerman said parents would be called prior to the administration of the test.

LoCascio also questioned the mention of prescription drugs and asked what would happen in the event a student was currently taking a prescribed medication such as a drug with codeine following a procedure.

Emmerman said the student would be asked if he or she is currently taking any medications. She said a list of any prescribed medications a student may be taking should be on file with the school nurse.

The FRHSD's random drug testing policy is expected to have a second reading and public hearing at the board's next meeting.

Contact Rebecca Morton at Marlboro@gmnews.com.