Although a Somerset County Superior Court judge has ruled that random drug tests on high school students are unconstitutional, North Bergen officials stated that they will continue with the process of randomly drug testing the high school athletes, like they have been doing for the last five years.
According to Superintendent of Schools Peter Fischbach, last week’s ruling by Superior Court Judge Robert Guteri will have no bearing whatsoever on the North Bergen drug testing policy.
“It’s not going to stop us,” Fischbach said. “Our drug testing program is not as pervasive as the one that was being used at Hunterdon Central. Ours is strictly for the members of our athletic program and it is used for the health and well being of our students. Ours is also not punitive.”
Last week, Judge Guteri ruled that Hunterdon Central, one of eight districts in the state using a drug testing program, “was in violation of the heightened privacy protection afforded to [the students] by the United States and enjoins the further implementation of the program.”
Guteri’s ruling brought the end to the Hunterdon Central program, which was expanding to include all students involved in extracurricular activities and those who own parking permits at the school. The program was supposed to be in effect when school opened last September, but three students filed a lawsuit, complaining that the policy was an invasion of privacy.
However, the U.S. Supreme Court ruled in 1995 that random drug testing could be allowed if a school demonstrated a special need for such a program. That has been the policy of North Bergen, especially when it comes to its athletes, according to Fischbach.
“In our program, anyone who tests positive would receive medical treatment, such as drug rehabilitation,” Fischbach said. “As long as they are being cared for by medical doctors. We consider it a medical health issue. It’s an extension of the Student Assistance Resource Program [STARP] that is mandated by law. If we feel that we have a reasonable belief that the student is being harmed by drugs, then we have the right to test the child.”
STARP is a counseling program that helps students deal with personal issues. Students can enter the program for a host of reasons, not necessarily drug issues.
Although none of the athletes tested over the last five years have ever been positive, some other students in the STARP program have tested positive and have received medical attention and treatment.
The athletic drug testing is done totally on a random basis. There isn’t a specific warning sign necessary before a student/athlete is tested. Fischbach said that he doesn’t find it remarkable that a student has yet to test positive. “I think it’s a sign that we’re educating our students well about drugs,” Fischbach said. “I would have to say that the both the students and their parents are well aware that we conduct the tests, because they sign a form when they take their physicals to play. And I think that 99 percent of the students and their parents believe that it’s for their benefit. No one has ever expressed anything differently to me.”
Fischbach said that prescription medication may show up in the random tests, but all medication has to be listed among the student’s medical records.
Fischbach said that the entire program is done for health purposes and for educational purposes. The students are not punished in anyway and not suspended or expelled from school.
“Only if the doctor says that they can’t perform as athletes or if the doctor says that they’re not staying in their program, then they are removed,” Fischbach said. “It’s all done with health and safety in mind.”
So the program will continue as it exists in North Bergen, despite the court ruling.
“I would have to say that the ruling will not affect us at the present time,” Fischbach said. “If there are extensions to [the testing], like the chess club or the band, then that’s going too far. It’s our job to make a child’s life safer and better. We’ve always believed that the earlier, the better in terms of prevention. And we treat drug problems as a serious medical problem. We believe it is in the best interests of our students to maintain our policy.”
North Bergen Mayor Nicholas Sacco, who also serves as the assistant superintendent of schools in the district, has introduced legislation in the state senate, as the senator representing the 32nd District, that would loosen the state’s restrictions on random drug testing. The bill has not received much support in the past, but Sacco plans on introducing the legislation again to the State Senate sometime later this year.