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Introduction to the
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Introduction to the
In 1789 a group of rather ordinary men, blessed with extraordinary vision, attempted a noble experiment, to create a government out of a diverse cultural and political populace which would never have the capability of becoming a dictatorship. This experiment succeeded so well that it is imitated today, in various forms, by all the major nations of the civilized world. It is based on three fundamental assumptions: that the powers and functions of government are limited to those specifically authorized to it by its constitution; that these powers must be separated into distinct branches with the power only to make laws, to interpret laws, and to enforce laws, respectively, and that free people have fundamental rights and liberties which the government cannot take away. These assumptions are incorporated into the Constitution of the United States, which may well be the greatest accomplishment of the human race which ever has been or ever shall be.
The Fourth Amendment to the Constitution states in part, "The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated." Numerous Supreme Court decisions have verified the principle that no government agency can force you to provide evidence of having committed a crime unless there is probable cause to believe that you have committed it, and any such evidence obtained without probable cause cannot be used to convict you.
Today the Constitution is under attack, both by terrorist extremists, and by those potential victims who are terrified for their own safety and that of their loved ones. Sad to say, some of our own countrymen advocate suspending or revoking the protection of the Constitution and exchanging their freedom for the perceived protection of facism. This week, October 21st, 2003, in my beloved city of Long Beach, Mississippi, the Long Beach School Board released a policy[1] which advocates just that. Basically, it proposes to punish any Long Beach Middle School or High School student if he and his parents refuse to surrender their rights under the Fourth Amendment to the school. As a person who has taken an oath to protect and defend the Constitution against all enemies, any cooperation with this policy for me would be a seditious, hypocritical and immoral act.
I recognize, of course, that the School Board members may be well-intentioned, and that their disregard for the civil rights of the students is due to fear, confusion and frustration in the face of what they perceive as a threat to the safety of their children. But this threat pales into insignificance in the face of this much greater threat of facism to the freedom of the same children, freedom which was won by millions of our countrymen, including the Founding Fathers, often at the expense of their lives, their fortunes, and their sacred honor.
I also recognize that the school faculty and administration are, for the most part, dedicated, hard-working and conscientious professionals who would never intentionally abuse the rights of students. I am, however, not concerned with their personal intentions, but with the unreasonable power for abuse that this policy purports to give them. I refuse to give up my child's right to privacy in exchange for a supposition that a school official will refuse to comply with the announced intent of his employer to violate that right.
This policy is not the same as that ruled constitutional by the Supreme Court in 536 U.S.____(2002), Board of Education of Independent School District No. 92 of Pottawatomie County v. Earls The Court ruled that the Tecumseh School District has the authority to permit drug testing of students involved in extracurricular activities, which I do not dispute. However, the Long Beach School District policy goes far beyond what the Court permitted. This is shown by the following comparison:
There are many parents and others who will disagree with me. They will claim that participation in sports and like activities is worth giving up their child's right to privacy; that it is OK to allow the school to haul your son out of class and take samples of his blood if they allow him to play football, or watch your daughter urinate into a cup if they will let her act in the school play. They believe that this "little bit" of civil rights erosion is worth it if it might allow them to find out that their child is using drugs. They have a right to think that and act accordingly, even though they are wrong. But many of us older Mississippians, especially those of us whose relatives were herded into the Nazi gas chambers, know that once you give up your civil rights for little things, you give them up for everything. Government promises to abuse your rights "just a little bit" are of little value when you are suspended from school for proclaiming that you are a Jew or get beat up by the police for "being uppity" or sent to "relocation camps" and their crematoriums. You either stand up for all of your rights and those of your family, or you give them all away.
I stand up for mine.
I have a son in Long Beach High School. He is a recognized expert in teen-aged drug abuse prevention and counseling. He has never been in trouble, and all the teachers like and respect him. Since his mother's tragic death, his has not been a happy life, but he has found comfort and purpose in his participation in the Long Beach band, color guard, thespians, math and science club, and other extracurricular activities. He has already been informed that he will not be eligible for a scholarship to which he would otherwise be entitled because he is not eligible to participate in the school thespians. He is rightly resentful of the threat from the school to exclude him from all of these activities because I refuse to surrender his rights as a citizen of the United States to the dictatorship of the Nazi School Board.
Unfortunately, I have no choice. A citizen's rights do not disappear at the schoolhouse door. There is something infinitely more important than scholarships, the band, color guard, thespians, and math and science club. It is more important than school. It is more important than his life or mine, .....or yours.
It is quite simply the preservation of freedom in the face of government tyranny!
Here is the Long Beach School District School Board Policy JCBJ, along with my comments. Read it and weep.
No pupil[3] attending school at any attendance center in this district shall be permitted to be under the influence[4] of or to carry upon his/her person or in any other manner or have in his/her possession in any way alcoholic[21] beverages, morphine, marijuana, cocaine, opium, heroin or their derivatives or compounds, drugs commonly called LSD, "pep" pills, tranquilizers, or any other narcotic, drug, barbiturate, substance, ingredient or compound which, when taken orally, intravenously, inhaled or in any other manner, may cause the person to be under the influence thereof[4], and no pupil[3] shall use any of the same at any attendance center of this school district. The provisions of this policy shall not apply to any pupil[3] who is under the care of a licensed physician[6], and who is taking medication which is under the supervision and direction of such physician.
See Policy JGCD regarding prescription medication.
The provisions of this policy[1] statement shall apply to all students[3] during all the period of time that they are under and subject to the jurisdiction of this school district as defined by the laws of the State of Mississippi, and while participating in or going to or from any school activity sponsored by this school district and while under the supervision and direction of any teacher, principal or other authority of this school district.
Any pupil[3] violating any of the provisions of this policy[1] statement of the official policy[1] of this Board, in the sole and absolute discretion of the attendance center wherein such offense is committed, and the superintendent of this school district, shall be subject to expulsion or other appropriate disciplinary action. Said student[3] is also subject to having charges filed[7] against him/her by the school district with the proper authorities.
This policy[1] is for the sole and exclusive protection[8] of the students[3] of this school district and their general welfare and nothing herein contained shall be construed to avoid any prosecution under any pertinent criminal statute of the State of Mississippi.[9]
Aware of the community problem of alcohol[21] and drug abuse, the Board recognizes that the use of alcohol[21], narcotic drugs, depressants, and other controlled substances illegally and/appropriately constitutes a hazard to the positive development of students[3]. Accordingly, the following measures shall be taken:[10]
1. Establishment of programs to bring about student[3] awareness and understanding of the dangers inherent in the use of alcohol[21] and controlled drugs; 37-13-37; 37-13-39; 37-13-41[14];
2. Emergency health and safety care which may be necessary for those students[3] under the active influence of drugs at school or in connection with any school activity;
3. Close cooperation[11] by school officials with parents or guardians of students[3] suspected to be illegally involved with controlled drugs. Parents[12] shall be notified and a conference with them shall be arranged when suspicion of drug abuse in any form (use, possession, or distribution) appears sufficiently founded. This shall be a time when school officials may work with parents or guardians without involving law enforcement agencies and without taking disciplinary action.[9]
4. The prohibition of the use, possession or distribution of alcohol[21] and illegal drugs on school property or in connection with any school activity. Violation of this prohibition shall result in a parental conference.[12] When violations involve controlled drugs, the proper law enforcement officials will be notified[9] the student[3] will be subject to suspension and may be recommended for expulsion[13].
5. Any student[3] who comes to school, a school-sponsored activity, or a school-related activity, under the influence of alcohol[21]/illegal drugs, etc., is subject to being recommended for expulsion[13] or other appropriate disciplinary action. Said student[3] is also subject to having charges filed[7] against him/her by the school district with the proper authorities.
LEGAL: Mississippi Code as cited above.[14]
Also see EBAB.
It shall be the policy[1] of the Long Beach School Board to cooperate fully with legitimate efforts aimed at reducing eliminating illegal drugs and drug abuse.
The Superintendent is hereby authorized to utilize recognized and legitimate resources[15] in combating drug abuse on the campuses while maintaining a protection for the civil liberties[16] of all students[3] and personnel. Such activities shall include but not be limited to assembly programs, films, units of instruction, speakers, locker searches, and the use of narcotic detection techniques including dogs[17] and searches.
The use of a trained dogs[17] may be initiated by law enforcement through and with the local police department and/or the courts with legitimate reasons such as affidavit and search warrants and by school officials whenever it is deemed to be in the best interest of enforcing this policy[1] on drug abuse.
It is intended[18] that local law enforcement official be always present in the event of warrants, searches and the use of the dog[17] and a school official shall also be present.
The school district reserves the right[19] to drug test any student[3] or class of students[3] within limitations of state or federal law.
SUBSTANCE ABUSE TESTING policy[1]
I. INTRODUCTION
The nationwide drug epidemic has cost the lives of tens of thousands of young people in recent years. Reducing and ultimately eliminating the illegal use of drugs, alcohol[21] and tobacco[22] is a pressing concern of every school in this nation. Long Beach is no exception. Pride surveys[20] conducted by the Long Beach School District indicate that many students[3] use illegal drugs, alcohol[21] and tobacco[22] on a regular basis.
"Research shows that people who make it through their teenage years without drugs are much less likely to start using them when they are older. So if testing can help keep kids off drugs and alcohol[21], if it can help free young minds for learning and allow growing bodies to escape the devastating cycle of dependence or addiction, it will be a valuable and important tool."
"...if testing reduces students[3]' use of illicit drugs, it will remove a significant barrier to academic achievement." (John P. Walters Director of Office of National Drug Control Policy[23])
As part of the Long Beach School District's mission to produce globally competitive graduates and responsible citizens in a safe and healthy learning environment, the district is implementing this testing policy[1].
II. PURPOSE
The purpose of the Substance Abuse Testing policy[1] is not to punish students[3] who abuse alcohol[21], tobacco[22], or drugs but rather to prevent drug and alcohol[21] dependence and help drug and alcohol[21] dependent students[3] become drug free.
| "We find that testing students who participate in extracurricular activities is a reasonably effective means of addressing the School District's legitimate concerns in preventing, deterring, and detecting drug use." | |
|
Justice Clarence Thomas U.S. Supreme Court June 27, 2002[24] | |
III. RANDOM[27] DRUG TESTING POLICY[1]
All Long Beach Middle School and High School students[3] enrolled in grades six through twelve shall be subject to drug and alcohol[21] testing to the extent and in the manner provided in this policy[1]. students[3] who wish to participate in extracurricular activities, co-curricular activities or who seek a privilege for which a school permit is required (i.e. operating a motor vehicle on campus) may not illegally use or consume alcohol[21], tobacco[22] products, mood altering substances or drugs at any time including school hours and non-school hours, school days and non-school days, twelve months a year.[25] If the school administration determines[26] that the student[3] who is participating in an activity or enjoys a privilege stated above, or seeks to participate in any activity or privilege stated above, is engaged in the illegal use of alcohol[21], tobacco[22] or drugs, the student[3] may be subject to consequences in accordance with the Long Beach School District policy[1] JCBJ. Prior to making this determination[26] and imposing any exclusionary consequence, the administration shall give the student[3] the right to explain his or her conduct.
Parents or guardians of a child who does not participate in or enjoy any privilege stated above may request that their child be included in the Substance Abuse Testing policy[1]. Procedures and consequences are the same for all participating students[3].
All Long Beach Middle School and High School students[3] enrolled in grades six through twelve subject to drug and alcohol[21] testing provided in this policy[1] must sign a "Participants Pledge" or the policy[1] Consent/Release Form as a precondition to his or her participation or privilege. The student's[3] signature on the Pledge/Consent Form signifies the commitment to abide by the conditions of the Long Beach School District Substance Abuse Testing policy[1] and to remain free from alcohol[21], tobacco[22], and illegal substances. The parent's signature signifies that the parent has read and understands the Long Beach Substance Abuse Testing policy[1].
IV. RANDOM[27] DRUG TESTING
1. Random[27] Testing
The Long Beach School District will conduct random[27] unannounced screening of students[3] in grades six through twelve who participate in extracurricular and co-curricular activities or who enjoy a privilege for which a school permit is required (i.e. operating a motor vehicle on campus). The drug testing agency will provide computerized random[27] sample lists to the designated school representative. The list of students[3] in the random[27] pool will be updated periodically. Participating in multiple school activities will not increase the students[3]' chances of being selected for random[27] testing. The student[3] will appear once on the list of participating students[3]. When notified by a school administrator[28], the student[3] will be immediately escorted to the designated collection site for testing. Testing protocol will be established by the testing laboratory and the Long Beach School District. In all cases precautions will be taken to guard against tampering and ensure the chain-of-custody and the proper handling of the specimen so that the test results are not called into question. The privacy[29] of the student[3] will be protected to the extent possible. Drug testing will be conducted by a certified laboratory approved by the Long Beach School District Board of Trustees. Where the district has an employee collect a specimen or conduct a breath alcohol[21] test, the district will provide instruction and training to that employee.[30] At no time will the random[27] test results be shared with any law enforcement agency.[31]
2. Prescription Drugs
The proper use of medication prescribed by a physician is not prohibited; however, the Long Beach School District prohibits the misuse of prescribed (or over the counter) medications.
3. Cost of Testing
All tests will be paid for by the Long Beach School District unless stated otherwise.
4. Testing Procedures
The Long Beach School District reserves the right[19] to utilize blood, hair, breath, saliva or urinalysis testing procedures. Initial positive specimens[32] (urine, hair) will be confirmed by applicable mass spectrometry (GC/MS, GC/MS/MS or LC/MS/MS). All confirmed positive test results[32] will be part of the student's[3] discipline record but will not become a part of the student's[3] permanent file and will be shared with authorized personnel on a need-to-know basis.[33] Refusal to submit to a test, or attempting to mask or otherwise tamper with the test, will be treated as a positive test[32] and exclusionary consequences will be imposed.
5. Test Results
Test results are cumulative during grades six through eight. At the end of the eighth grade year the student's[3] record is cleared of any previous violations. Beginning July 1 preceding the student's[3] ninth grade year, the test results are cumulative until the student[3] graduates. Exclusionary periods, including Return to Participating requirements, imposed for positive drug tests[32] shall carry over into the following school year (including eight to ninth grade) if the time period is not completed on the last day of school. For the purpose of carry-over days, the days will resume beginning the first day of school.
6. Parent Notification
Parents will be informed in writing[36] of a negative result (no drug, alcohol[21] or tobacco[22] use detected). Parents will be informed in writing[36] (and by phone if possible) of a positive result[32] (alcohol[21], tobacco[22] or illegal drug use was detected). All information, test results, written and otherwise, received by the Long Beach School District through the Substance Abuse Testing Program are confidential communications and will be released to authorized personnel on a need-to-know basis.[33]
7. Request for Retest[34]
A student[3] or parent or guardian may request a retest[34] at his/her own expense[34], but the results will only be considered if scientifically meaningful, timely performed and in compliance with established testing procedures.
8. Return to Participation Testing[35]
All students[3] referred to counseling or rehabilitative program or who are excluded from participation for abuse of substances covered under this policy[1] will be subject to unannounced periodic testing during the exclusionary period and following return to participation for no less than 12 months and no more than 24 months.
V. CONSEQUENCES
First positive test result[32]
1. Parents are notified by school officials in writing[36] and by phone if possible.
2. The student[3] is excluded from all activities and privileges until a meeting between the parents[12] and the school administration is held.
3. Upon a meeting between the parents and the school administration, the student[3] may immediately resume participation in all activities and privileges if within five school-days of the meeting, the student[3] shows proof of participation in an approved substance abuse counseling program (at student[3]/parent expense[34], if any), submits to a second random[27] drug and alcohol[21] test within ten school-days of the meeting and complies with the Return to Participation clause. Failure to meet these conditions will result in the exclusion of the student[3] from participation in any school activity or privilege covered under the Substance Abuse Testing policy[1] for a period of 45 school days.
Second positive test result [32]
1. Parents are notified by school officials in writing[36] and by phone if possible.
2. The student[3] is excluded from all activities and privileges until a meeting between the parents[12] and the school administration is held.
3. Upon a meeting between the parents and the school administration, the student[3] is excluded from participation in all covered activities and privileges for a period of 20 school-days beginning the day of the meeting. The student[3] may resume participation in all activities and privileges after the twenty day exclusion if the student[3] shows proof of participation at an approved substance abuse counseling program (at student[3]/parent expense[34], if any), and complies with the Return to Participation clause. Failure to meet these conditions will result in the exclusion of the student[3] from participation in any school activity or privilege covered under the Substance Abuse Testing policy[1] for a period of 90 school days.
Third positive test result.[32]
1. Parents are notified by school officials in writing[36] and by phone if possible.
2. The student[3] is excluded from all activities and privileges until a meeting between the parents[12] and the school administration is held.
3. Upon a meeting between the parents and the school administration, the student[3] is excluded from participation in all covered activities and privileges for a period of one calendar year. The student[3] may resume participation in all activities and privileges after the calendar year exclusion if the student[3] shows proof of participation at an approved substance abuse counseling program (at student[3]/parent expense[34], if any), and complies with the Return to Participation clause.
Subsequent positive test result.[32]
1. Parents are notified by school officials in writing[36] and by phone if possible.
2. The student[3] is excluded from all activities and privileges until a meeting between the parents[12] and the school administration is held.
3. Upon a meeting between the parents and the school administration, the student[3] is excluded from participation in all covered activities and privileges for a period of one calendar year. The student[3] may resume participation in all activities and privileges after the calendar year exclusion if the student[3] shows proof of participation at an approved substance abuse counseling program (at student[3]/parent expense[34], if any), and complies with the Return to Participation clause.
If there is reasonable suspicion[37] to believe that a student[3] has abused alcohol[21], tobacco[22] or drugs, or is under the influence of alcohol[21] or any prohibited substance during the time period that the student[3] is under and subject to the jurisdiction of the Long Beach School District in violation of Long Beach School District policy[1] JCBJ "alcohol[21] Use/Drug Abuse by students[3], Substance Abuse Testing", the student[3] is subject to immediate disciplinary action and the consequences outlined in Section V of the random[27] Drug Testing policy[1], and may be recommended for expulsion[13]. The school district reserves the right[19] to administer a breath alcohol[21] test on any student[3] where there is reasonable suspicion[37] that he/she is under the influence of alcohol[21]. The student[3], with the permission of his or her parent or guardian, may, at student[3]/parent expense[34], voluntarily submit to an appropriate drug test (if applicable) to attempt to establish that he or she is not under the influence of any prohibited drug in violation of policy[1] JCBJ. If the test results are negative, the district will pay the costs of the test. The school administration shall record in writing the factors which let to the school's conclusion, shall stipulate the specific consequence to be administered, and shall attempt to inform the student's[3] parents or guardian of the option of submitting to a drug test. The results of any such testing shall be confidential but shall be communicated to the student[3], his or her parents or guardian and appropriate school and law enforcement authorities.[9]
The following circumstances shall constitute grounds for reasonable suspicion[37]:
Any one of the above listed circumstances shall be sufficient to constitute grounds for reasonable suspicion[37]. If one of the above listed circumstances is found, Long Beach School District employees and administrators may, but are not required to, consider the following factors in corroboration of the finding of reasonable suspicion[37]:
a. Excessive tardiness
VII. PROHIBITED DRUGS/ALCOHOL[21]
The Long Beach School District reserves the right[19] to test for the illegal use of drugs, alcohol[21], tobacco[22], including any combination of the following;
"Drugs" means any substance, including alcohol[21] and tobacco[22], having psychological and/or physiological effects on a human being,[5] including controlled substance analogs or volatile substances which produce the psychological and or physiological effects through deliberate inhalation.
a. Direct observation by a school district employee of drug, tobacco[22] or alcohol[21] use or possession;
b. Abnormal or erratic behavior indicating intoxication in class, at school or at a school event, function or activity, or at any time while under the jurisdiction of the Long Beach School District as stated policy[1] JCBJ;
c. Physical symptoms indicating intoxication including but not limited to glassy or bloodshot eyes, slurred speech, loss of balance, poor coordination or reflexes;
d. First-hand information provided by reliable and credible sources of use, possession or intoxication while at school or at a school sponsored or school approved function, activity or event, or at any time while under the jurisdiction of the Long Beach School District as stated policy[1] JCBJ,
e. The presence of the drug on the student[3], detectable by the senses, such as the smell of activated marijuana or alcohol[21]; or
f. Possession of illegal drugs; prescription drugs for which the student[3] does not have a prescription; or alcohol[21] containers or drug paraphernalia.
b. Excessive absenteeism
c. Decrease in academic performance
d. Recent violation of school rules and regulations
e. Any efforts to evade detection of the use or possession of drugs or alcohol[21] or misrepresentations or untruths regarding the circumstances constituting grounds for reasonable suspicion[37];
f. Information provided by reliable and credible sources of use, possession or intoxication while at school or a school sponsored or school approved function, event or activity;
g. Prior confirmed discipline[38] for violations of this policy[1] or violations of drug and alcohol[21] laws.
alcohol[21] Opiates Methaqualone tobacco[22] Phencyclidine Propoxyphere Amphetamines Barbiturates Ocycontin Cocaine Benzodiazepines Methadone Marijuana Lysergic Acid diethylamide (LSD)
John Lindorfer's Comments and Notes:
[1] Actually, a "policy" is "a plan or course of action, as of a government, political party, or business, intended to influence and determine decisions, actions, and other matters." What follows is in many cases more in the nature of a "procedure" which is "a manner of proceeding; a way of performing or effecting something, or a series of steps taken to accomplish an end." The "procedure" implements the "policy." If this were just a policy, it might be possible to find a method of implementing it by appropriate procedures which do not violate anyone's civil rights. As written, however, this is impossible. Perhaps that's why nobody signed it.
[2] Although the revision date of this document is August 11, 2003, the School Board kept it quiet until the evening of October 21, 2003, when they released it to the students to take home. This policy could have been known since the second day of school, but the School Board chose to allow the students to become deeply involved in extracurricular activities first. A response is required by the afternoon of October 25, 2003. assuring that there was insufficient time for the parents to understand it, discuss it with each other, or see an attorney to interpret it and point out its defects and ambiguities. The fact that the parents and students SAY they understand it on the consent form is not proof that they actually do.
[3] I am confused by the use of the term "pupil" in some places and "student" in others. A "pupil" is a "student" under the direct supervision of a teacher or professor or a minor under the supervision of a guardian, whereas a "student" is one who attends a school, college, or university or one who makes a study of something. I would assume that the use of both of these terms suggests some difference in their meaning or context, but I don't know what it is.
[4] I think this means that if the student is under such an influence, or is perceived to be, something will be done about it. It doesn't appear that anyone has the ability to "permit" someone to be under the influence or something or not. He either is or he isn't.
[5] As written, this paragraph would prohibit a student from carrying a can of paint thinner or lighter fluid. That's probably not what it means, but that's what it says, which is one of the many reasons that I think this policy goes way too far.
[6] According to this, if a physician (but not a dentist) says you should take an aspirin for a toothache, you're exempt from all provisions of this policy. It wouldn't authorize any action if you came to school blind, staggering drunk. But how would the school know what the doctor said? There is also the problem here that some students are not treated by "licensed physicians," such as Christian Scientists, and some Mennonites, Amish, Jehovah's Witnesses, Muslims, and Orthodox Jews. On the face of it, this appears to be one more attempt by the Fundamentalist Protestant Long Beach School Board to discriminate against their brothers and sisters of other faiths.
[7] This seems like an ominous, but idle, threat. Anyone can file charges against anyone else for any violation of law at any time. Historically, however, the Long Beach school authorities have been reluctant to file charges against a student for any reason, including felony possession of illegal drugs. Implementation of this policy would so contaminate the chain of custody of evidence and intimidate and confuse witnesses that a successful prosecution of a student (or faculty member) for drug possession or use would be essentially impossible.
[8] I think what this means (but not what it says) is that the purpose of this policy is to protect the students, regardless of the consequences it may have. While protection of the students from the evil effects of drug abuse is a laudable goal, it is not a legitimate function of the school. It is the function of the school to educate the students concerning the evil effects of drug abuse and to call the police if they suspect a violation of law so the police can protect the students from drug dealers, which is their function. Any time the school employees spend protecting students from the evil effects of drug abuse or enforcing laws is time not spent at their job, which is educating students.
[9] The provisions of this policy with respect to the police seem a little murky to me. In some places it seems to imply that the police will be involved, in others it appears that the school plans to conceal evidence or become an accessory after the fact. I would prefer a statement to the effect that the school will call the police if they believe a crime is being or has been committed, and will not involve the police otherwise. I believe that suspected lawbreakers should be arrested and the courts should decide if they should go to jail. I definitely don't want my son to have to associate with known drug dealers because the school is afraid to prosecute them.
[10] I am always suspicious of people using the passive voice when they are promising something. Who is going to do what? Who will be responsible? What precisely are they planning to do? "Establishment of programs" is vague, but I have no idea what "emergency health and safety care" means. Is the school going to have a full-time doctor on campus? Will they hire a nurse? Will every teacher get CPR training? Will they simply install a first aid kit somewhere? As written, this sounds nice, but it doesn't say anything.
[11] "Cooperation" involves mutual agreement. I think the word they want is "communication" or possibly "liaison."
[12] What this means is if the child gets in trouble, the parent or guardian has to come to the principal's office. This presents a fertile opportunity for the child to harass the parent by repeatedly getting in trouble so the parent has to leave work to talk to the principal. The parent keeps missing work while the child sits back and snickers. In my experience, this leads to the belief that the parent is incompetent, irresponsible or uncooperative. It may also get the parent fired.
[13] People who have teenage children may find the word "expulsion" sufficiently frightening that they think this is a pretty severe action. Not so. There is no requirement or commitment here for the school authorities to expel the student, or even consider expelling him or, in fact, to do anything at all. Like most of this policy statement, this sounds like it means something, but it really doesn't.
[14] Note that two of the three references cited have been repealed, and 37-13-41 prescribes reports by school superintendents as to type and amount of work performed in each grade. I think the Long beach School Board is confused here, as well as elsewhere.
[15] I don't know what "recognized and legitimate resources" are, and I don't think this document tells us. Recognized how? By whom? What precisely is a legitimate resource? How does it differ from an illegitimate one? What exactly is a "resource" anyway?
[16] While I am all for protection of civil liberties, I am concerned that this whole policy offends the student's civil right to be secure from unreasonable searches and seizures, and I do not understand how requiring him to submit parts of his body as evidence that he is not using illegal drugs absent any probable cause that he is constitutes "protection for the civil liberties" of anyone, whatever those might be.
[17] Apparently the references to dogs here imply that under certain circumstances the school officials will call the police and ask them to bring a dog to sniff out illegal drugs while the school officials watch, but what the circumstances are and what will happen afterward is not clear. I think there is an opportunity here for the students to create some entertainment by rubbing marijuana on their jeans before going to school when they think they'll encounter a police dog and then watch the adults' reaction when the dog alerts to the marijuana that isn't there. It might also be fun to carry bits of Beggin' Strips, Milk Bones, black pepper or moth balls to school in one's pocket and see what the dog does.
[18] Here's another passive verb that means nothing. I think that what this means is that the School Board would like for school officials to be present whenever the police are, but that's not what it says. It also doesn't say that they will actually be present, only that they intend to, which is not the same thing.
[19] One "reserves" a right in situations in which he might otherwise reasonably be considered to be relinquishing it. One cannot reserve a right he does not have to begin with. Perhaps "claims" might be a better word here, but it still does not give the school a right it doesn't otherwise have.
[20] The Pride survey is a classic example of misapplied polling. Students were given questionnaires asking them about their personal use of drugs and their perceived use by other students. By all accounts, most of the students thought it was a big joke and made preposterous and obviously false claims that they abused drugs and alcohol regularly. The School Board, the butt of the joke, took the results as gospel and convened a big meeting that was reported in the newspaper to Figure Out What To Do About The Drug Problem In Our Schools. The meeting itself was an example of the danger of getting ignorant, confused, frustrated and frightened people together in large groups with no effective intelligent supervision. The students' joke went over far better than they had intended and the School Board still has not caught on!
On the other hand, this policy will vastly improve any statistics they may be keeping regarding students' use of drugs and alcohol. By restricting their testing only to those students who choose to participate, however the choice might have been coerced, they conveniently miss those who are most at risk from drug abuse. The table below demonstrates this.
[21] I can't help wondering if the inclusion of alcohol in this policy is an attempt by fundamentalist Christian School Board members to discriminate against Catholics, Jews and Episcopalians, who regularly use wine in their religious ceremonies. The fundamentalists find this abhorrent. If they test Catholics and Episcopalians on Monday morning, or Jews after Passover, they are going to find a lot of alcohol users. Also, while I recognize that consumption of alcoholic beverages (other than in religious ceremonies) is illegal for students under 21, it seems hypocritical to me to have a school policy which punishes students for unlawful alcohol use, and not the faculty, who should be setting the example. I would like to see the inclusion of appropriate sanctions for faculty and staff members who are convicted of alcohol abuse, such as public drunkenness and DWI.
[22] There also seems to be a Protestant Fundamentalist bias against tobacco. This imposes a religious belief on others, which is blatantly unconstitutional Many high school students are old enough to smoke. While the school has the authority to regulate smoking on campus, it does not have the authority to prohibit students from smoking elsewhere if Mississippi law says they can, and I don't see why a student should be asked to give up his right to smoke to play in the band.
[23] John P. Walters, Director of Office of National Drug Control Policy, is hardly an unbiased authority on the use of drugs by teenagers. This is kind of like justifying persecuting Jews by quoting Adolph Hitler.
[24] This statement refers to 536 U.S.____(2002), Board of Education of Independent School District No. 92 of Pottawatomie County et. al. v. Earls et. al., which was argued on March 19, 2002 and decided June 27, 2002. Justice Thomas wrote the opinion of the court. You can read a transcript of the testimony at http://a257.g.akamaitech.net/7/257/2422/18apr20021445/www.supremecourtus.gov/oral_arguments/argument_transcripts/01-332.pdf.
The Long Beach School Board policy differs from the situation in Tecumseh District schools in Pottawatomie County in several important aspects:
[25] While something that is against law in during school hours is against the law during "non-school hours, school days and non-school days, twelve months a year," I fail to see what interest the school has in what the student does during summer vacation. This is another case of the school squandering its limited resources to enforce laws, which is the job of the police and the courts, instead of educating students about the necessity of obeying the law.
[26] The process of "determination" is not specified. It includes no guarantee against self-incrimination, the right to confront one's accuser, the right to compel witnesses in one's favor, the right to cross-examine witnesses, or the right to counsel. As stated, the school could arbitrarily decide the student is guilty and impose "any exclusionary consequence" regardless of what the student actually did.
[27] There is nothing in this policy that guarantees that the selection of students will in fact be random. Use of the word "computerized" might suggest that a computer will generate a random list, but that is not at all what the policy says. Even if a computer is used, it is highly likely that such a list would not be random because it is extremely difficult to get a computer to generate a random list. Computers generate "pseudorandom" lists, which are somewhat similar to, but not the same as, "random" lists, which is what the policy supposedly requires.
[28] Note that the student is called "when notified by the school administrator," not "when the student's name is selected." This suggests that the student can be called out of class, perhaps during an examination, to provide a specimen some time after his name is selected. The school might, in fact, select the name of an unruly student (in some manner) and then wait for the most inconvenient time for him to provide the specimen to trap him into a perceived attempt at evasion or to generate evidence of poor academic progress. Regardless of whether this is likely or not, the policy says the school has the right to do this.
[29] The privacy of the student will NOT be protected "to the extent possible." It is possible to protect the privacy of the student by not taking any samples and destroying all records of this program, including the consent forms. What this policy obviously means is that the privacy of the student will be protected to the extent THAT THE SCHOOL CONSIDERS APPROPRIATE, LEGAL RIGHTS TO THE CONTRARY NOTWITHSTANDING, which is not the same thing at all. This is my chief objection to it.
[30] Note that there is no provision to determine the competence of the employee, only that he has been "provided" instruction and training. He could sleep through the entire course, learn absolutely nothing, and still meet the requirements of this policy.
[31] This sounds nice, but it's not true. Results of a test taken voluntarily are subject to subpoena. If a court orders the school to turn over a record, chances are good that it will be turned over.
[32] A positive test result could be a laboratory error, a result from legitimate prescription drugs, or a result of participation in religious ceremonies or the legal use of tobacco, as noted above. There is no provision for appeal in this situation. Once a test comes back positive, or even if it is negative and the school believes the student was somehow uncooperative, the student is forever tainted, and, under this policy, he can be tested all day, every day, to the exclusion of all other activities, if the school chooses. This is probably not what the policy means but that's what it says, and what the parents (and students) are asked to agree to.
[33] Note that who the "authorized personnel" are, or what precisely constitutes "need-to-know" is carefully unspecified. "Authorized personnel" would almost certainly include students who work part time in the office where the records were kept, and who could be expected to incorporate information about other students into the latest teenaged gossip. Once the secret is out, it's out forever. Two people can keep a secret only if one of them is dead.
[34] Not only does this favor rich parents and put an additional burden on poor parents, it gives the school the option of simply disregarding the test if it chooses. Even if the school "considers" the test, this does not say that such consideration will result in expunging the student's record.
[35] That is, regardless of what a student does after a single positive test, the school assumes the authority to test him again and again as often, and under as many circumstances, as it chooses.
[36] The Long Beach School District's idea of notifying the parent in writing is to give the document to the student and hope that the parent gets it. Students are free to throw it away and never tell their parents about it, and some have been known to do just that.
[37] This is similar to, but not the same as, "probable cause," which is what is required for a legal search and seizure or the issue of a warrant, not "suspicion." Note that this policy authorizes "disciplinary action" if the student is merely suspected of doing something wrong, even if he has absolute proof that he hasn't done it.
[38] What this says is if the school has punished you before, they can punish you again (and again and again and again) even if you haven't ever done anything wrong (ever).
[39] Although there is a place for the signature of a witness, there is no requirement for this document to be witnessed when it is signed. I may be overly paranoid, but I suspect that there is the potential for one or more school officials to sign these documents as witnesses when in fact they have not witnessed any students or parents actually signing them, or established that the persons signing them are the persons whose names are printed on them. What is the meaning of a witness signature if it has a different date than the other two signatures? Why have a witness signature date at all? It will be difficult to know who these officials are, since there is no requirement for their names to be printed, as there is for the students and parents. The School Board seems to have recognized the dubious legal status of these consent forms by not requiring them to be signed by ANY school official, or, indeed, not requiring any official of any agency to sign the policy itself.
To insure continuous participation in all activities and privileges (including parking) this form must be completed and returned to the activity sponsor/coach or the principal's office no later than 3:30 p.m. on Friday, October 24th.[2]
Parent/Guardian: There are three forms following concerning the LBSD Substance Abuse Testing policy.
• Consent Form 1: This form includes a pledge to remain free of alcohol[21], tobacco[22] and illegal substances at all times.[25]
• Consent form 2: This form is an acknowledgment that I have read and understand and conditions of the LBSD drug testing policy.
• Consent Form 3: If your child does not participate in a school activity or enjoy a privilege covered by the substance abuse testing policy, you may request that he/she be included in the random[27] drug testing policy by completing the form below and returning it to the principal's office.
As a participant in Extracurricular Activities, Co-curricular activities or the recipient of a privilege for which a permit is required (i.e. operating a motor vehicle on campus), I pledge to remain free of alcohol, tobacco and illegal substances at all times. I understand that violation of the Long Beach School District Substance Abuse Testing policy might result in my exclusion from extracurricular activities, co-curricular activities and privileges as determined by the administration of my school. I agree to submit to alcohol, tobacco and drug testing at any time as a condition for my initial or continued participation in the above stated privileges and activities. I authorize the testing agency, laboratory or medical provider to release test results to the Long Beach School District and its Medical Review Officer. I authorize the Medical Review Officer to release final test results of the designated Long Beach School District Official.
Student Signature __________________________________ Date _________________
Student Printed Name ______________________________
Parent/Guardian Signature __________________________ Date _________________
Parent/Guardian Printed Name ______________________
Witness Signature __________________________________ Date _________________
As a participant in Extracurricular Activities, Co-curricular activities or the recipient of a privilege for which a permit is required (i.e. operating a motor vehicle on campus), I acknowledge having read and understand the conditions of the Long Beach School District Substance Abuse Testing policy and understand that a violation of that policy might result in my exclusion from extracurricular activities, co-curricular activities and privileges as determined by the administration of my school. I agree to submit to alcohol, tobacco and drug testing at any time as a condition for my initial or continued participation in the above stated privileges and activities. I authorize the testing agency, laboratory or medical provider to release test results to the Long Beach School District and its Medical Review Officer. I authorize the Medical Review Officer to release final test results of the designated Long Beach School District Official.
Student Signature __________________________________ Date _________________
Student Printed Name ______________________________
Parent/Guardian Signature __________________________ Date _________________
Parent/Guardian Printed Name ______________________
Witness Signature __________________________________ Date _________________
Consent Form 3
As a student in the Long Beach School District, I acknowledge having read and understand the conditions of the Long Beach School District Substance Abuse Testing policy and understand that a violation of that policy might result in my exclusion from extracurricular activities, co-curricular activities and privileges as determined by the administration of my school. I agree to submit to alcohol, tobacco and drug testing at any time as a condition for my initial or continued participation in the above stated privileges and activities. I authorize the testing agency, laboratory or medical provider to release test results to the Long Beach School District and its Medical Review Officer. I authorize the Medical Review Officer to release final test results of the designated Long Beach School District Official.
Student Signature __________________________________ Date _________________
Student Printed Name ______________________________
Parent/Guardian Signature __________________________ Date _________________
Parent/Guardian Printed Name ______________________
Witness Signature __________________________________ Date _________________
People in Long Beach Middle School and High School Faculty and Staff Students Most of whom use alcohol and tobacco Taking medication under a doctor's care Students likely to be using drugs who don't participate in extracurricular activities Students whose parents never got the policy statement, or don't care or who refuse to participate Students who desire to be cooperative who are contributing to school sponsored events or whose parents desire that they be tested. (i.e., model students) Exempt from testing Only these will be tested These people are not included in drug use statistics Over 18 have to give up their right to smoke. Under 18 will be punished if they smoke off campus All have to give up their 4th Amendment rights and their right to certain religious practices.
(a) Only urinalysis testing was at involved. The Tecumseh tests did not require "blood, hair, breath, saliva" testing as this case does. The Court specifically addressed the "minimally intrusive nature of the sample collection" which is not the case here. The Tecumseh policy also provided protection for the student's privacy by prescribing specifically the manner in which the urine sample would be taken, which this policy does not.
(2) The Court also noted that "the only consequence of a failed drug test is to limit the student's privilege of participating in extracurricular activities." This is also not the case here, where the student is "subject to expulsion or other appropriate disciplinary action."
(3) The urinalysis tests approved by the Court in this case are designed to detect only the use of illegal drugs, not alcohol, tobacco or other substances "having psychological and/or physiological effects on a human being," such as paint thinner or lighter fluid, which are perfectly legal. Student exposure, perhaps even at a toxic level, to such substances may occur in the course of their normal and lawful use.
(4) The Court decision was based largely on the minimal degree of intrusion of the Tecumseh policy, which required testing only in conjunction with the extracurricular activities in which the student participated, not "when notified by a school administrator."[28] The Long Beach policy allows the school to test the student at any time.[28]
(5) The Court's decision was based largely on the legitimate interest of the school to protect its students from the hazards of drug abuse. The Tecumseh School District was concerned with Tecumseh schools, not "non-school hours, school days and non-school days, twelve months a year." It is unlikely that the Court would have found the school's attempt to regulate the students' home or religious life to be "minimally invasive."
(6) The Tecumseh policy did not require the students being tested to "pledge to remain free of alcohol[21], or tobacco,"[22] both of which may be legitimate under certain circumstances, as this policy does.
Please tear out this page to return to the school and keep the policy copy for your records.
Consent Form 1
Long Beach School District Participant's Pledge and Policy Consent/Release Form
Long Beach School District Participant's Pledge and Policy Consent/Release Form
Long Beach School District Participant's Pledge and Policy Consent/Release Form