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School Board News Bulletin
March 1998

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School construction grant applications soar

Governor's FY 99 budget: State aid up sharply, categoricals frozen

No Pass-No Play policy required by law

April is alcohol awareness month

File economic interest papers

Fourth annual TV turnoff planned

Submit nominations for Those Who Excel awards

RESEARCH REPORTS

U.S. 12th graders score 19th out of 21 in international math & science study

Urban performance gap seen

Bus crash statistics released

Educational use of the Internet studied

TOOLS FOR SCHOOLS

U.S. Education Department guide goes online

Gun violence prevention activity book developed for elementary school programs

ISDLAF+ now offers full-flex repurchase agreements

FEDERAL UPDATE

Federal court is critical of state in Chicago special education case

Superintendents want greater accountability for federal dollars

THE NATIONAL SCENE

24,000 schools and libraries have filed e-rate applications

Form 471 application guidance document now available on-line

SLC clarifies 75-day window deadline: E-rate applicants gain time to file

WORKSHOPS AND MEETINGS

School marketing academies are coming

DEVELOPMENTS IN SCHOOL LAW

Schools receive favorable rulings in student search cases

Roughly two times as many school districts as anticipated have applied for funds under the state's new school construction program, according to the State Board of Education.

These grant applications for funding total $685 million in costs, with the state's share, estimated at $315 million, exceeding "the amount of funding that may be available in FY 98 and FY 99," said a newsletter from the office of the State Superintendent of Education.

This overwhelming demand for funds is expected to continue as participants approach the second application deadline, April 1.

The newsletter explains: "Under the legislation enacted in December 1997, school districts must be declared eligible for the construction program by the State Board of Education (ISBE) before going to referendum. Consequently, the Board set a February 6 application deadline for the 32 districts that have building referendum questions on the March 17 ballot." Of those, 30 have been approved as eligible. An additional 22 of the 26 districts that applied by February 6 but don't have referendums in March were also approved as eligible.

That means as many as 52 districts could be considered this spring for Fiscal Year 1998 school construction funding under the new program. But only about $30 million in revenue from message taxes is anticipated for the program for this fiscal year, which runs through June 30.

Districts wishing to be considered for Fiscal Year 1999 funding, meanwhile, must submit program applications by April 1. The General Assembly has approved Fiscal 1999 bond sales totaling $200 million for school construction.

Twenty percent of the funds available this fiscal year and next are earmarked for the Chicago public schools, leaving $184 million available for all other school district projects. These projects already amount to roughly $315 million, however, with more than one month left before the deadline for Fiscal Year 1999 applications.

Moreover, the ISBE recently changed the rules for the program to expand eligibility. Source: ISBE, Superintendent's Bulletin; Special Edition, February 27, 1998.

Governor's FY 99 budget: State aid up sharply, categoricals frozen

Governor Jim Edgar presented his fiscal year 1999 budget before the Illinois General Assembly February 18, proposing that over $270 million be added to the General State Aid (GSA) formula. This would be the largest GSA increase in state history.

The hold harmless line item is fully funded under the plan, with $52 million. The Governor also provided new money in several other categories: early childhood programs ($20.1 million to provide for full funding), Project Success, a collaborative program offering social services in public schools ($1 million, a 33% increase), Teachers' Retirement System ($58.6 million), adult education and literacy ($6 million), and the technology initiative ($15 million).

All other major categorical areas of spending, however, were frozen at last year's funding levels. This means that for the special education, transportation and vocational education line items, the programs may have to be prorated below FY '98 levels. To maintain special education's FY '98 proration level in FY '99 would cost an additional $52 million; for transportation, an additional $18 million would be needed. To fully fund the categoricals, over $140 million would have to be added.

No Pass-No Play policy required by law

A recent state law requires that beginning in the fall of 1998, any school district with a high school program (grades 9-12) shall establish, implement and enforce a no-pass/no play policy for all kinds of extracurricular activities, not just athletics. Districts are also required to annually submit a report to the state (ISBE) to outline the number and length of suspensions given to students who have violated the policy.

IASB's policy service, PRESS, recently mailed a new a sample policy on this topic, along with statutory citations and other information.

School districts that already have adopted a no pass/no play policy must submit a copy of the policy to ISBE by March 31, 1998. A special form for this purpose reportedly is being mailed from the state board to all high school and unit districts. Those districts also must submit their first annual report on suspensions to ISBE by March 31, 1999. Another form is also being developed for this.

School districts that do not have a policy must adopt one and submit it to ISBE by December 31, 1998. Their first annual report on suspensions will be due by December 31, 1999.

April is alcohol awareness month

Alcohol is a serious problem for the youth of America, with 26 percent of 8th graders reporting having been drunk at least once in the past month, along with 40 percent of 10th graders and 52 percent of 12th graders. That is according to the Center for Science in the Public Interest.

That's why April has been proclaimed as Alcohol Awareness Month by the Illinois Drug Education Alliance (IDEA).

Communities are encouraged to do something about the serious problem of alcohol and Illinois youth.

State Treasurer Judy Baar Topinka is the honorary chairperson. "Each year we record staggering statistics which demonstrate that the use of alcohol is directly associated with the leading causes of death and injury among our youth," Topinka said. "There is no doubt that juvenile crime, violence and poor academic performance are closely linked to underage driving. Many of our lives have been touched by underage drinking in very tragic ways," Topinka added.

On April 26 and 27, 1998, the 5th Annual Statewide Youth Forum will be held in Springfield. Teams of youths and adults will convene to share their findings and their individual year-long plans for addressing the finding from their local forums.

For more information on Alcohol Awareness Month, contact IDEA President, Judy Kreamer at 630/420-1766 or write to IDEA, P.O. Box 5758, Naperville, IL 60567.

File economic interest papers

State law requires school board members and certain school district employees to file economic interest statements by May 1 with the clerk of the county in which they reside. Generally required to file are local school district superintendents, school business officials and certificated administrators. Others required to file include: department heads responsible for large contracts ($1,000 or more) and employees responsible for the supervision of 20 or more employees.

Fourth annual TV turnoff planned

Governor Jim Edgar has proclaimed the week of April 22-28 as TV Turnoff week in Illinois. The Illinois campaign coincides with the National TV Turnoff campaign sponsored by TV-Free America, a national nonprofit organization. The organization promotes healthy and creative alternatives to watching television.

At the state level, the Illinois State Board of Education (ISBE) is using the event to promote reading in the home as part of the Illinois Right to Read Initiative. Parents and educators are being encouraged to turn the television off and open a book.

Illinois is putting together a team to develop activities for schools and families, particularly at the elementary grade levels. The activities will be collated and distributed to school districts by the ISBE.

TV Free America also is focusing its attention on reading. A new program entitled, More Reading, Less TV is being introduced this year to encourage increased interest in reading among students. TV Free America is currently looking for 150 classrooms that are willing to participate in this new program. This year the program will focus primarily on 2nd, 3rd and 4th grade classrooms.

Submit nominations for Those Who Excel awards

Districts will soon receive nomination forms and instructions for the ISBE's annual Those Who Excel Awards program. The deadline for submitting nominations is June 15. School leaders must act quickly to nominate those people, including board members, who have made outstanding contributions to their local schools. For more information call the ISBE's public affairs office at 217/782-4648.

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RESEARCH REPORTS

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U.S. 12th graders score 19th out of 21 in international math & science study

U.S. 12th-grade students outperformed only two of the 21 participating countries in math and science, on the Third International Math and Science Study (TIMSS), released in February by the federal Education Department. Only Cyprus and South Africa showed worse results.

U.S. students' scores in science were not significantly different than those of seven other countries, including Italy, Germany, France and the Russian Federation, according to the study conducted by the National Center for Education Statistics (NCES).

"This is unacceptable, and it absolutely confirms what the President and I have been saying, that academic standards must be raised dramatically across America," said U.S. Secretary of Education Richard W. Riley.

Riley added that: "the standards of many state assessments in math are far lower than national and international standards of excellence; too many science and math teachers are teaching out-of-field; and far too few high school seniors have taken physics, trigonometry, calculus and advanced placement courses."

TIMSS also examined how U.S. advanced 12th-grade students -- in math, those studying pre-calculus and calculus, in science those studying physics -- performed in relation to advance students in other nations. On the advanced math assessment, U.S. students were outperformed by those in 11 countries, were similar to those in four countries and outperformed those in no participating countries.

On the physics assessment, U.S. students were outperformed by those in 14 countries, were the same as those in one country, and outperformed those in no participating countries.

Earlier TIMSS results showed that the achievement of U.S. fourth-grade student is quite high -- above the international average in both math and science, and in science outperformed only by Korea. In the middle grades, however, U.S. standing begins to lag and by eighth grade, U.S. students score only slightly above the international average in science and below the international average in math.

"How can we expect our students to test well in math and science internationally when we do not even ask them to take challenging courses and rigorous tests throughout their middle and high school careers?," asked Riley.

Riley also noted that 28 percent of high school math teachers and 18 percent of high school science teachers neither majored nor minored in these subjects, and challenged states and communities to ensure that students are taught by teachers who are prepared to teach advanced math and science. In the physical sciences, where student performance lags the most, almost half of American students are taught by teachers without a major or minor in that field.

Pascal Forgione, U.S. Commissioner of Education Statistics for the NCES, notes that the relatively low U.S. performance is not a change from patterns of previous international assessments at this grade level. It also continues the pattern of slightly better performance in science than in mathematics.

Countries participating in the study include: Australia, Austria, Canada, Cyprus, Czech Republic, Denmark, France, Germany, Hungary, Iceland, Italy, Lithuania, Netherlands, New Zealand, Norway, Russian Federation, Slovenia, South Africa, Sweden, Switzerland and the United States.

Urban performance gap seen

Students who attend urban schools are performing at lower levels on standardized tests than students elsewhere, according to a report by Education Week.

The report, released January 8, found that 43 percent of inner-city fourth graders scored at or above the basic level on a 1994 National Assessment of Educational Progress (NAEP) test in reading, compared to 63 percent of non-urban students.

In a 1996 NAEP math test, 42 percent of city eighth graders scored at or above the basic level, compared to 63 percent elsewhere.

The study recommends that states develop special strategies or urban schools rather than treat them simply as part of the statewide system.

Bus crash statistics released

An average of 35 school-age children die in school bus-related traffic crashes each year -- nine school bus occupants and 26 pedestrians, according to the National Highway Traffic Safety Administration (NHTSA).

Traffic Safety Facts 1996 reports that since 1986, 283 school-age pedestrians (less than 19 years old) have died in school-bus related crashes. Nearly two-thirds (63 percent) were killed by school buses, per se, 5 percent were killed by vehicles functioning as school buses, and 33 percent by other vehicles.

One-half of all school-age pedestrians killed in school bus-related crashes were between ages 5 and 7.

Educational use of the Internet studied

A recent report published by Cable in the Classroom found that the Internet/World Wide Web is used as an educational tool in about 75 percent of the nation's schools. Cable in the Classroom is a $420 million public service effort supported by 38 national cable networks and over 8,500 local cable companies. These networks and local cable companies act as a partner in learning with teachers and parents by providing a free cable connection and over 540 hours per month of commercial-free educational programming to schools across the country.

The study, The Use of Cable and the Internet/World Wide Web in Elementary and Secondary Classrooms, found that almost 48 percent of all teachers say they use the Internet in their teaching, mainly to access curriculum-related materials and for professional development and lesson planning.

The free report (32 pages) is offered at no charge by Cable in the Classroom, 1900 N. Beauregard Street, Suite 108, Alexandria, VA 22311. Phone: 703/845-1400; fax: 703/845-1409. Web site: www.ciconline.com.

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TOOLS FOR SCHOOLS

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U.S. Education Department guide goes online

The U.S. Department of Education is looking to encourage school leaders to ask questions about programs and resources the department provides. So in addition to getting a hard-copy of the publication called "The Guide to U.S. Department of Education Programs and Resources," those interested can now access the "Guide" on the web. The address or URL: http://web99.ed.gov/GTEP/Program2.nsf.

This specifically designed web-based program offers a comprehensive collection of program descriptions furnished by the USDE.

The "Guide" lets you choose the search you wish to try. You can use the "full search text" option, which gives you an overview of all programs authorized by law, as well as individual competitions made possible by these programs. Or you can search individual areas by topic (e.g., assessment, disadvantaged, Goals 2000), by the office that administers the specific program, eligibility requirements or level of education served (for example, early childhood).

The "Guide" also includes information about funding for laboratories, centers and other facilities that can help provide resources important to education.

While most information pertaining to Department of Education programs and resources is accessible, opening and closing dates for applications for grant competitions need to be confirmed by checking: http://ocfo.ed.gov/fedreg.announce.html.

Gun violence prevention activity book
developed for elementary school programs

According to the American Psychological Association, by the time a child leaves elementary school, he or she will have witnessed 8,000 acts of murder and over 100,000 acts of violence on TV. Violence is a learned behavior. Every day 12 children are killed in gun-related homicides, suicides and unintentional shootings.

Last year, The National Emergency Medicine Association (NEMA) developed and produced a video and teacher's guide to help middle school age students learn about gun violence issues. In A Flash (see February News Bulletin, page 7) has reportedly been well received by educators, health professionals and youth program directors.

There is a need for this topic to be discussed by younger children as well. But few resources or learning activities have been produced for this audience. To that end, NEMA has now created an activity workbook that addresses conflict resolution and violence prevention through puzzles, mazes and easy-to-understand material. Intended for children in grades 3-5, it deals with the danger and damage caused by weapons.

The workbook is available in very limited quantities from NEMA; for more information call or write them at, 306 W. Joppa Road, Baltimore, MD 21204; phone 410/494-0300 or 800/332-6362.

ISDLAF+ now offers full-flex repurchase agreements

Now offered by ISDLAF+, a Full-Flex Repurchase Agreement is a term repurchase agreement between an investor and a financial institution in which the provider (the selected financial institution) guarantees a rate of return on the bond proceeds.

According to the ISDLAF+, Full-Flex Repurchase Agreements may be structured to meet an investor's particular investment criteria as related to security, yield and cash flow needs. Full-Flex Repurchase Agreements have proven to be exceptionally well-suited, ISDLAF+ says, to meeting the unique needs associated with the investment of tax-exempt bond proceeds and have been used with increasing frequency by tax-exempt borrowers.

The Full-Flex Repurchase Agreement provides the investor with a fixed yield, full flexibility to withdraw funds throughout the construction period and the security of U.S. Treasury and Agency Obligations as collateral.

If the investor's cash flow needs deviate from the projected draw schedule, the full-flex feature eliminates exposure to the interest rate risk inherent in fixed-income investment vehicles. If the project is proceeding slower than expected, reinvestment risk is eliminated with the Full-Flex Repurchase Agreement. Unlike a structured portfolio, there is no risk of principal for early withdrawal.

To learn more about this bond proceeds investment alternative, call a nearby ISDLAF+ representative.

ISDLAF+ programs are endorsed by IASA, IASB and IASBO.

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FEDERAL UPDATE

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Federal court is critical of state in Chicago special education case

Disabled students in the Chicago public schools have been unlawfully separated from regular education students, and the Illinois State Board of Education (ISBE) has disregarded its responsibility to monitor their treatment. That is the finding of a federal court in case that some say could impact other school districts in the state besides Chicago.

Chicago District 299 routinely places special education students in the city in "separate and unequal educational environments," and the ISBE has ignored its responsibility to make the district follow federal laws, the ruling stated.

The judge in the case of Corey H. v. Chicago Board of Education and Illinois State Board of Education, U.S. District Court Judge Robert W. Gettleman, ordered the ISBE to prepare a remedial plan to correct the violations. The state has been given until April 17 to prepare the plan, which must include a change in the state's formula for passing along federal funds to school districts.

Source: Education Week, March 4, 1997, p. 7.

Superintendents want greater accountability for federal dollars

The American Association of School Administrators (AASA) wants Congress to rethink the way it addresses the needs of those children who generally occupy the lowest rung of the achievement ladder.

In a break with its traditional approach to federal spending, AASA is pushing for Congress to target funds from Washington to schools serving concentrated numbers of low-income students as well as rural, isolated schools.

AASA no longer believes that federal funds should go to schools based simply on a formula, as is currently the case with programs for children with special needs or economic hardships.

"What we're saying is that the country needs a federal program that directs funds to high-poverty schools where the adults employed there are willing to be held accountable for delivering a high-quality education," said Paul Houston, executive director of AASA.

"The public is skeptical of public schools and their demands for more money," said Houston. "We need to demonstrate to the public that schools receiving extra federal funds are capable of…producing a better-educated group of students."

Rural, isolated schools and schools enrolling concentrated numbers of poor children would be eligible to receive $1,000 per child in federal funds under the AASA proposal on Capitol Hill. But before they could receive the funds, 80 percent of the faculty in the school, along with the school principal and the district superintendent, would have to agree to provide a learning environment that ensures increased achievement among these generally low-performing students.

"Too many people, including too many educators, believe students living in poverty are destined to fall further and further behind their more advantaged classmates," said Houston. "We don't accept that reasoning. We have seen models of elementary school excellence that work. We ought to see them in a lot more schools than we do. And we will with a program that puts extra federal dollars into schools willing to adopt these models."

Under the proposal, school personnel would have to vote to adopt one of the successful elementary school models identified by the U.S. Department of Education before becoming eligible for the new federal funds.

"School superintendents would like an opportunity to reward those within their districts willing to stand up and deliver a quality education to poor children," said Houston. "At the same time, a faculty and principal who vote no-confidence in themselves or the children in their schools ought to be identified. A `no' vote would certainly pinpoint those schools where additional federal spending might await some necessary personnel changes."

Source: Leadership News, AASA, February 15, 1998.

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THE NATIONAL SCENE

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24,000 schools and libraries have filed e-rate applications

The Schools and Libraries Corporation, a nonprofit organization developed to administer the Universal Service Fund (e-rate) announced March 3 the release of three new documents as a service to e-rate applicants. These new documents, which are available on the http://www.neca.org web site and via the toll-free 888-203-8100 help line, include:

1. An SLC fact sheet on wide area networks. This fact sheet clearly summarizes the rules governing the eligibility of wide area networks for USF discounts.

2. An SLC fact sheet on master contracts. This Q&A-format fact sheet discusses state and third-party master contracts and how schools and libraries should handle master contract purchases in their USF applications.

3. SLC clients' commonly asked questions -- set III. This document captures the 14 questions most often asked of the SLC Client Service Bureau over the past month and provides clear, succinct answers. Topics include lease purchases, shared vs. site-specific services, figuring discounts for education service agencies or intermediate units, and contracts for monthly Internet service.

These three new documents join several others released by SLC since early February, including an updated matrix of eligible services, a fact sheet on billed entities, and a step-by-step fact sheet on calculating discounts.

In addition to carefully reviewing these guidance documents, schools and libraries can get answers to their most pressing questions by calling toll-free 888-203-8100; sending e-mail to question@slcfund.org; or faxing their questions toll-free to 888-276-8736.

As of the end of the day on Tuesday, March 2, SLC had received more than 24,000 USF applications from schools and libraries across the country. Some 75 percent of those have come in via the SLC application web site, http:// www.slcfund.org.

Form 471 application guidance document now available on-line

The SLC announced March 4 that new reference materials have been added to its Web Site (www.slcfund.org) to assist applicants in preparing their Form 471, the second step in the Universal Service Fund (*E-rate*) application process.

These new materials include:

* Minimum processing standards: How to avoid automatic rejection. This document describes the circumstances under which applications will be automatically rejected, and how to avoid automatic rejection.

* Procedures for processing SLC applications. This document provides a concise overview of the entire Universal Service Fund application process and describes what happens to applications once received by SLC, including how application problems will be addressed.

* Methods to ease filing of FCC Form 471. This document describes several ways schools and libraries can fill out Form 471, which must be filed on paper as indicated in the application instructions.

* SLC eligible services: Assignment of the "funding request number." This document explains the process by which the SLC will internally assign a number to each separate row of Items 15 and 16 on the Form 471 and the importance of requesting discounts only for eligible services to be used by eligible entities for eligible purposes. The "Funding Request Number" will be cited in relation to the SLC's approval or rejection of funding requests.

* Assignment of the SPIN. This document explains how participating vendors can obtain their required Service Provider Identification Number (*SPIN*). This number is needed before payment to the service providers for the discounted cost of service can be provided.

The following documents have not yet been posted on the SLC Web Site, but are forthcoming:

* Form 471 template. A Microsoft Excel template of Form 471 to ease the filing process for applicants.

* Tips for using the form 471 template. The document will provide guidance to applicants who wish to use Form 471 template.

* Eligible services list: An update to the current list of services eligible for discounts is forthcoming.

* Cost allocation information materials: This document will provide guidance on how to determine discounts when bundled eligible and ineligible services are being purchased and when eligible and ineligible entities are purchasing services as a consortium.

* Calculation of the pre-discount cost: This pre-discount calculation grid will help applicants accurately determine their discount on eligible services for entry in items 15 and 16 of Form 471.

Form 471 is the application through which schools and libraries indicate their Universal Service Fund discount percentage, what eligible services and equipment they are requesting discounts on, and which service providers they have contracted with for these services. Form 471 can be submitted no earlier than the 29th day after a school or library submits its first-step application, the Form 470, which is posted for 28 days to invite competitive bidding (or held for 28 days if it is for an pre-existing contract). February 27, 1998, was the first date that SLC began to receive Form 471s from schools and libraries who had met the 28-day requirement.

Unlike Form 470, which can be filed online or on paper, Form 471 is a manually filed application. Schools and libraries can submit Form 471 via regular U.S. Postal Service delivery to: Schools and Libraries Corporation, P.O. Box 4217, Iowa City, IA 52244-4217. For express delivery or U.S. Postal Service Return Receipt, the address is: Schools and Libraries Corporation, c/o Sherri Chalupa, 2510 N. Dodge Street, Iowa City, IA 52245.

All applicants who correctly complete both Form 470 and 471 within the 75-day window that began January 30, 1998, will be treated as if they had applied on the same day. After the 75-day window closes, on April 14, applications will be considered on a first-come, first-served basis.

The Form 471-related materials are the latest in a series of worksheets, fact sheets and FAQs developed by the SLC to help with the Universal Service Fund application process. Many of the fact sheets are available at http:// www. neca.org.

To date, SLC has received more than 25,600 Form 470 applications from schools and libraries across the country.

SLC clarifies 75-day window deadline: E-rate applicants gain time to file

On March 5, the SLC clarified that the 75-day window will close on April 15, 1998, giving applicants extra hours to submit their E-rate applications. Accordingly, the latest date that a Form 470 application could be received by the SLC in Iowa City, Iowa, with enough time to complete the 470 and 471 applications process within the 75-day window was March 18, 1998.

To obtain information about the E-rate or the Schools and Libraries Corporation, please visit the Web Site at (www.neca.org). For copies of the E-rate application, please call the SLC Client Service Bureau at 1-888- 203-8100 or apply for the E-rate on-line at (www.slcfund.org).

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WORKSHOPS & MEETINGS

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School marketing academies are coming

When it comes to marketing schools, the wheel is already invented; what you want is to get rolling. And what better way than with a one-day National School Marketing Academy presented by Banach, Banach & Cassidy, and endorsed by the National School Public Relations Association.

Organizers say they can "help you understand the implications of change, public perceptions, and the concepts of marketing, targeting, and identity building."

They promise "everything you need to develop a plan to market your schools" (including a sample marketing plan on a computer disk). A new 275-page marketing workbook is also part of the deal, covering "everything than can't be covered in a day."

One-day sessions scheduled in our region will be held May 5 in Chicago and July 18 in St. Louis.

The seminar fee is $240 per person, and includes the program, all materials, refreshment breaks and lunch. There is a discount of $25 off for IASB school board members. The seminar fee is payable 15 days prior to the seminar date selected, and is fully refundable until five days before the seminar.

Call 810/784-9888 for information.

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DEVELOPMENTS IN SCHOOL LAW

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Schools receive favorable rulings in student search cases

By Melinda L. Selbee, Attorney

The Seventh Circuit Court of Appeals, second only to the U.S. Supreme Court in federal jurisdiction for Illinois, upheld two school districts' efforts to detect student drug use. One case upheld conducting a "medical assessment" of a student suspected of being under the influence of marijuana. Bridgman v. New Trier High School District No. 203, 128 F.3d 984 (7th Cir. 1997). The second case upheld a program requiring participants in high school extracurricular activities to consent to random urinalysis. Todd v. Rush County Schools, 133 F.3d 984 (7th Cir. 1998).

Andrew, a freshman at New Trier Township High School, attended an after-school smoking cessation program. The program's supervisor noticed Andrew giggling and acting unruly. She also observed that he was distracted, and that his eyes were bloodshot and his pupils dilated. She became suspicious that Andrew was under the influence of marijuana.

When confronted, Andrew denied being high. The program's supervisor accompanied him to a room where the school's nurse took his blood pressure and pulse. The results of this "medical assessment" were consistent with marijuana use. The supervisor searched Andrew's outer jersey and hat, and socks and shoes. Shortly thereafter, Andrew's mother arrived and took her son to a pediatrician for a definitive drug test. No marijuana use was detected.

In reviewing whether the "medical assessment" and subsequent search of clothing constituted an unreasonable search and seizure, the Court analyzed whether the search was "justified at its inception" and "reasonably related in scope to the circumstances which justified [it] in the first place." The program supervisor's observations of Andrew justified conducting the medical assessment and clothing search. The search was not excessively intrusive in relation to its purpose. As the Court observed, "(a)lthough being searched for drugs was no doubt an uncomfortable experience for [ Andrew], this search was not unconstitutionally intrusive."

The second student search case recently decided by the Seventh Circuit Court of Appeals involved students attending an Indiana high school. They challenged the school board's program requiring students to consent to tests for drug, alcohol, and tobacco use in order to participate in extracurricular activities.

A positive test result barred the student from extracurricular activities, but was not used in school discipline proceedings. The high school did, however, reserve the right to test any student upon reasonable suspicion of drug use. Tests based on reasonable suspicion, unlike the random tests, were used in student discipline proceedings.

The Court examined whether the drug testing program violates the Fourth Amendment. The outcome of this case was governed by the U.S. Supreme Court's decision upholding random urinalysis for students who participate in interscholastic activities. Vernonia School District v. Acton, 115 S.Ct. 2386. As in that case, the testing policy here was in furtherance of the school district's "responsibilities, under a public school system, as guardian and tutor of children entrusted to its care." Also, like the program approved by the Supreme Court, the program here was designed to deter drug use and not to catch and punish users. Unlike the program approved by the Supreme Court, testing here was required for all extracurricular participants -- not just those in athletics. The Court found, however, that the reasoning compelling drug testing of athletes also applies to the testing of extracurricular participants.

These decisions support school board efforts to protect the health of students. As the Court observed: "[t]he plague of illicit drug use which currently threatens our nation's schools adds a major dimension to the difficulties the schools face in fulfilling their purpose -- the education of our children. If the schools are to survive and prosper, school administrators must have reasonable means at their disposal to deter conduct which substantially disrupts the school environment."

Illinois Association of School Boards

2921 Baker Drive
Springfield, Illinois 62703