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THE SENATE |
S.C.R. NO. |
184 |
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TWENTY-SECOND LEGISLATURE, 2003 |
S.D. 1 |
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STATE OF HAWAII |
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RESOLUTION
CONVENING A TASK FORCE TO STUDY DRUG TESTING IN SCHOOLS.
WHEREAS, substance abuse continues to be a particularly pernicious problem among adolescents in Hawaii, resulting in adverse impacts upon families; and
WHEREAS, according to the Department of Health (DOH), in its report, "The 2000 Hawaii Student Alcohol and Drug Abuse Use Study (1997-2000), Hawaii Adolescent Prevention and Treatment Needs Assessment", experts in the field have linked substance abuse to other societal problems, including family dysfunction, juvenile delinquency, poor academic achievement, impaired emotional functioning, and lowered social competence; and
WHEREAS, according to the DOH's Needs Assessment, nearly half of all twelfth graders, approximately one-fourth of tenth and eighth graders, and nearly one-tenth of sixth graders have tried at least one illicit drug; and
WHEREAS, the economic costs to society are often astronomical, with much of the burden falling on persons who are not substance abusers; and
WHEREAS, an estimated forty per cent of people arrested last year by the Honolulu Police Department tested positive for crystal methamphetamine, according to the most recent United States Justice Department report; and
WHEREAS, Hawaii has a drug problem, and ignoring it will not solve it; and
WHEREAS, although treatment is advocated as a solution, treatment is not possible unless drug users are first identified; and
WHEREAS, drug testing in schools would serve to identify, intervene, and treat students with drug problems, before they become adults and enter into the criminal justice system; and
WHEREAS, S.B. No. 1471, 2003, which required the Department of Education (DOE) to establish a high school drug testing and assistance program as a pilot project, was deferred by the Senate Committee on Judiciary in favor of establishing a task force to study the matter; now, therefore,
BE IT RESOLVED by the Senate of the Twenty-Second Legislature of the State of Hawaii, Regular Session of 2003, the House of Representatives concurring, that the President of the Senate and the Speaker of the House of Representatives are requested to convene a task force to be composed of the following members:
(1) One member of the Senate appointed by the President of the Senate, who shall be designated as co-chair of the task force;
(2) One member of the House of Representatives appointed by the Speaker of the House, who shall be designated as co-chair of the task force;
(3) The Lieutenant Governor or designee;
(4) The Superintendent of Education or designee;
(5) A student to be designated by the Hawaii State Student Council;
(6) A parent to be designated by the State Parent Teacher Student Association Council;
(7) The Director of Health or designee;
(8) A substance abuse treatment provider who serves adolescents to be designated by the state substance abuse treatment provider coalition;
(9) The Attorney General or designee;
(10) The Public Defender or designee; and
(11) The Prosecuting Attorney of the City and County of Honolulu or designee; and
BE IT FURTHER RESOLVED that the following issues be considered by the task force:
(1) Liability for schools if they have knowledge of drug use of a student;
(2) Confidentiality of test results and records;
(3) Constitutional protection of privacy issues;
(4) Costs and availability of various drug testing services;
(5) Availability of treatment facilities for individuals who test positive for drug use;
(6) Value of drug testing as a deterrent;
(7) Effect of drug testing in schools on discouraging participation in co-curricular activities;
(8) Less intrusive alternatives the DOE could implement to provide drug testing of students;
(9) The standards to be used to instigate drug testing, such as reasonable suspicion, probable cause, and the like;
(10) The current efforts and effectiveness of juvenile drug court program;
(11) The feasibility of offering parental options for their child to attend schools in which drug testing is administered to all students or schools in which drug testing is not administered to any student;
(12) Alternatives to drug testing of students that involve sites other than on-campus testing; and
BE IT FURTHER RESOLVED that the task force consider whether S.B. No. 1471, 2003, should be passed in the 2004 Session, and any amendments thereto; and
BE IT FURTHER RESOLVED that the task force may request research support from the Legislative Reference Bureau on the various issues and legislation under consideration; and
BE IT FURTHER RESOLVED that the task force submit a report on its findings and recommendations to the Legislature not later than twenty days prior to the convening of the 2004 Regular Session; and
BE IT FURTHER RESOLVED that certified copies of this Concurrent Resolution be transmitted to the President of the Senate, Speaker of the House of Representatives, Lieutenant Governor, Superintendent of Education, Hawaii State Student Council, Hawaii State Parent Teacher Student Association, Director of Health, Hawaii Substance Abuse Treatment Provider Coalition, Attorney General, Public Defender, and Prosecuting Attorney for the City and County of Honolulu.
Report Title:
Drug Testing of Students in Schools