A New Approach to Student Drug Testing

California governor Arnold Schwarzenegger has a stellar record as a children's advocate. The physical health and emotional well being of children remain his top personal and professional priorities in Sacramento, as they have been for the past two decades.

In August, Schwarzenegger announced a billion-dollar settlement to remedy California's failure in providing adequate textbooks and safe learning facilities in low-performing schools. In contrast to Gray Davis, who spent almost $20 million fighting the suit, Gov. Schwarzenegger ordered his administration to "come to an agreement that puts the children first."

A bill sits on his desk today that provides him the opportunity to come through for California's children, and their parents, once again.

SB 1386, authored by State Senator John Vasconcellos, rejects the blunt, ineffective and invasive tool of random student drug testing in favor of an alternative approach. Its provisions ensure that the privacy of students and the rights of parents are respected in the pursuit of a safe and secure learning environment. It also recognizes that trust and cooperation between those involved in the educational process – schools, students and parents – are essential in facilitating high levels of student success.

In contrast, mandatory random student drug testing, as practiced in some California schools, is rooted in fear and punishment. It is forwarded by its proponents, including the drug testing industry, as a panacea to the problem of adolescent substance use. However, the best available scientific evidence clearly demonstrates that it is ineffective at deterring or detecting drug and alcohol use among students. Even the former Deputy Drug Czar, Andrea Grubb Barthwell, admitted as much to Newsweek this past February.

One of the most troubling aspects of mandatory random student drug testing is the potential decrease in student participation in after-school programs and extracurricular activities. A robust body of research shows that those programs are the most effective means of deterring adolescent substance use, teen pregnancy and juvenile crime. As the governor himself told Congress in 2003, "After-school programs work. Test scores go up, crime rates go down and taxpayers save money."

SB 1386 limits the circumstances under which schools can test students for drugs and alcohol. Only if a school has a clear indication that a student is using or in possession of drugs, alcohol or other intoxicants, can it order the student to be tested. Should a student test positive, schools are encouraged to use existing resources to provide support services promoting scholastic success and addressing the student's unlawful use of substances.

Additionally, the bill provides for an anonymous and voluntary random drug testing program, using the one currently employed by San Clemente High School and other California schools as a model. Parents and students must provide their consent to such a program, and test results will go exclusively to parents.

In the San Clemente model, parents are given a meaningful voice in the process, no student is deprived of participation in extracurricular activities, and a constructive dialog is struck between schools, parents and students. The State Board of Education formally recognizes that "parent involvement is fundamental to a healthy system of public education." SB 1386 gives real meaning to these words.

SB 1386 has strong bipartisan support across the ideological spectrum. All involved share a commitment to the safety of schools, the health and well-being of students and the privacy rights of families. As it made its way through the legislature, it received the endorsement of a broad array of organizations and individuals, including the California State PTA, ACLU, NAACP, Planned Parenthood, Attorney General Bill Lockyer and Superintendent of Public Instruction Jack O'Connell.