Schools should use
care with drug testsThe issue: The U.S. Supreme
Court indicated it will approve
drug testing of students involved
in extracurricular activities.EXPANSION of random drug testing in high schools beyond student athletes is likely to win approval in the U.S. Supreme Court, but school systems should be wary in taking such actions to combat drug abuse. The urine tests are a highly intrusive measure with potentially damaging consequences in a society that values dignity and privacy.
Extracurricular activities, especially sports, can offer motivation for students to refrain from using drugs. It would be a shame if students were to deprive themselves of that influence because of privacy concerns or to avoid being caught experimenting with drugs.
The high court ruled earlier that a school could randomly test high school athletes for drug use, finding such tests to be reasonable within the meaning of the Fourth Amendment, which prohibits unreasonable searches. Justices heard arguments this week in the case of a rural Oklahoma school district that requires middle and high school students to pass drug tests in order to participate in any extracurricular activity, from chorus to band to the Future Farmers of America. The justices indicated they will approve of such searches.
Although drug abuse among Hawaii high school students has declined slightly in recent years, a survey showed half the seniors and one-third of sophomores have tried marijuana, and the use of Ecstasy, an amphetamine-based hallucinogen, is on the rise. State officials who conducted the survey recommended strengthening school-based prevention programs, among other things, to combat the problem.
Justice Antonin Scalia suggested that drug tests are justified because school districts are "trying to train and raise these young people to be responsible adults." However, the constitutional rights of a class of people who have not reached voting age should not be treated in an inferior way.
The court, in a 6-3 vote, found seven years ago that student athletes could be tested because they are seen as role models and are at risk of injury if playing while on drugs. Extending drug tests to students in other non-class activities does meet that standard, but Justice Stephen G. Breyer, who voted with the majority in the previous case, said he could see no more than "a millimeter of light" in differences between the two cases. Remarks by other justices suggested the previous majority would hold together.
About 5 percent of schools nationwide have performed drug tests on student athletes, and about 2 percent have tested students involved in other extracurricular activities. The Indiana Supreme Court ruled only two months ago that students who drive to school can be included in the testing. Many schools across the country seem to be awaiting clarification on the issue by the nation's highest court.
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Lawmakers want a big
plug for a small leakThe issue: In trying to fix
a bad law, legislators propose a bill
requiring employee work breaks.STATE lawmakers appear to be unable to resist stirring up a pot of bother when there is no need. Evidence of this comes with a bill that would require employers to give their workers a break of at least 15 minutes during an eight-hour shift.
The problem isn't that businesses and companies are exploiting employees, forcing them to work continuously without time off for a meal or to use the bathroom or to get a drink of water. Most akamai employers recognize that workers need a respite to assure health and safety, productivity and the quality of the products and services they turn out.
No, the problem is one of legislators' own doing. They passed a law in 1999 to prohibit employers from preventing new mothers during their work breaks to extract breast milk for later feedings to their infants. However, there is no law that requires employers to give workers breaks; no breaks, no milk. Oops.
The flaw could easily be fixed by amending the statute, specifying that under certain circumstances an employer must give a woman time for milk extraction. Instead, the lawmakers overreached, broadening the net to include all employees.
Rather than solve the problem, it appears the bill could cause more difficulties. For example, Oahu Transit Services officials say the requirement will force them to split a single bus route among several drivers so drivers can take a break. This would cause transit delays and increase costs by several million dollars. Even the drivers, the supposed beneficiaries of the bill, object to the idea.
Some labor unions support the measure, but work breaks are a matter for contract negotiations and only ineffective unions would fail to garner that benefit for its members. Indeed, Harry Yee, chairman of the Hawaii Civil Rights Commission, which also favors the bill, acknowledges that "most, if not all, employers voluntarily provide breaks to their employees."
The bill would intrude unnecessarily on businesses, limiting flexibility to set work schedules to fit busy or slow periods. The eight-hour specification also would give legal license to less charitable employers to eliminate any breaks for workers on shorter shifts or to impose shifts of just under eight hours to get around the law.
Lawmakers may have good intentions in trying to correct their previous mistake. This bill, however, goes beyond a small fix. It applies a bulldozer where tweezers would do.
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Published by Oahu Publications Inc., a subsidiary of Black Press.Don Kendall, Publisher
Frank Bridgewater, managing editor 529-4791; fbridgewater@starbulletin.com
Michael Rovner, assistant managing editor 529-4768; mrovner@starbulletin.com
Lucy Young-Oda, assistant managing editor 529-4762; lyoungoda@starbulletin.comJohn Flanagan, contributing editor 294-3533; jflanagan@starbulletin.com
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