Senate votes to ban random drug testing of students

By: STEVE LAWRENCE - Associated Press | Tuesday, May 18, 2004 9:03 PM PDT ∞

SACRAMENTO -- State senators voted Tuesday to ban random drug testing of California students, agreeing that schools should have "reasonable suspicion" before checking for drug or alcohol use.

"How many of you folks in this room would submit to random drug testing if that's what this bill did?" asked one of the legislation's supporters, Sen. Sam Aanestad, R-Grass Valley. "I would not.

"I can't think of anything that would be more repulsive to the conservative philosophy of the Republican Party."

The bill, by Sen. John Vasconcellos, D-Santa Clara, would bar testing unless school officials had reasonable suspicion that a student had illegally used drugs or alcohol "in the school environment."

It would require that that suspicion be based on "articulable facts" and "rational inferences" instead of curiosity, rumor, hunch, race, national origin, gender, socio-economic status, sexual orientation or suspicion or evidence of drug use among the student's family or friends.

The legislation also would require the school to try to obtain written consent from a parent or guardian before ordering a student to have a drug test and to refer students who test positive to someone for counseling.

Vasconcellos said research indicates that drug testing doesn't deter students from using drugs. "Our limited resources are better spent on better drug education and more positive reinforcement," he said.

There were no arguments against the bill, which was sent to the Assembly by a 26-10 vote, but the California School Boards Association complains the measure would take away the ability of school boards to determine what type of drug testing program, if any, would be appropriate for their districts.

About 15 percent of California school districts use some type of drug testing, according to a recent survey of 647 districts and county offices of education.

The Senate also approved another drug-related bill by Vasconcellos. It would allow pharmacists participating in a demonstration project to sell up to 10 hypodermic needles to an adult without a doctor's prescription.

Vasconcellos said the bill, which was sent to the Assembly by a 22-13 vote, was an attempt to reduce the spread of AIDS, hepatitis and other diseases through the sharing of needles by drug addicts.

Last year then-Gov. Gray Davis vetoed a broader Vasconcellos bill, which would have allowed the sale of up to 30 clean needles without a prescription.

On the Net: Read the bills, SB1159 and SB1386, at www.senate.ca.gov