SENATE CONCURRENT RESOLUTION NO. 47
(By Senators Barnes, Green, Guills, Hall, Hunter, Love, Prezioso,
Sprouse, Stollings, Wells, Yoder, McKenzie, Plymale, Unger and
Foster)
Requesting the Joint Committee on Government and Finance study the
feasibility, effectiveness and desirability of requiring
mandatory drug testing for students who participate in
athletics and other extracurricular activities in public
schools.
Whereas, Students have a right to attend school and
participate in athletics and extracurricular activities in a safe
and drug-free environment; and
Whereas, Student athletes need to be drug free in order to
maintain the good physical condition required to participate safely
in sports activities; and
Whereas, Student athletes take leadership roles in the school
community and, as role models, must be drug free; and
Whereas, School administrators need reasonable tools to deter
drug users and drug dealers in order to foster a school climate
that is safe and conducive to learning; and
Whereas, A program of drug testing may provide reinforcement
for students who want to abstain but are pressured by their peers to participate in drug use; and
Whereas, Concerned parents must be given as many effective
tools as possible for positive intervention in the lives of their
school-age children; and
Whereas, The benefits to be derived from testing student
athletes must be weighed against the costs of administering the
tests, the likelihood of reduced participation in athletics and
other extracurricular activities, and the possibility that marginal
students, freed from the structure and discipline of these
pursuits, may be more prone to join drug-using peer groups; and
Whereas, The United States Supreme Court ruled in
Vernonia
Sch. Dist. 47J v. Acton that middle school and high school athletes
can be required to submit to suspicionless drug tests as a
condition of athletic participation, which decision removed a major
constitutional roadblock to the adoption of drug testing programs
by public schools nationwide; and
Whereas, Improvements in testing technologies may have lowered
costs and increased reliability making drug testing in the public
schools more practical; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby
requested to study the feasibility, effectiveness and desirability
of requiring mandatory drug testing for students who participate in
athletics and other extracurricular activities in public schools; and, be it
Further Resolved, That the Joint Committee on Government and
Finance report to the regular session of the Legislature, 2008, on
its findings, conclusions and recommendations, together with drafts
of any legislation necessary to effectuate its recommendations;
and, be it
Further Resolved, That the expenses necessary to conduct this
study, to prepare a report and to draft necessary legislation be
paid from legislative appropriations to the Joint Committee on
Government and Finance.
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