|
THE SENATE |
S.R. NO. |
130 |
|
TWENTY-SECOND LEGISLATURE, 2003 |
||
|
STATE OF HAWAII |
||
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, according to the Honolulu Prosecuting Attorney, more effort and resources need to be placed in prevention, with emphasis placed upon drug testing in schools; 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, that the President of the Senate, in collaboration with the Speaker of the House of Representatives, is requested to convene a task force, composed of the following members:
(1) Two Senate members appointed by the President of the Senate, one of whom shall be designated as co-chair of the task force;
(2) Two House members appointed by the Speaker of the House, one of whom shall be designated as co-chair of the task force;
(3) The Lieutenant Governor or designee;
(4) The Honolulu Prosecuting Attorney or designee;
(5) The Director of Health or designee; and
(6) A school parent, to be designated by the State Parent Teacher Student Association Council; 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 drug testing of students;
(9) The standards to be used to instigate drug testing, such as reasonable suspicion, probable cause, and the like; 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 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 Resolution be transmitted to the President of the Senate, Speaker of the House of Representatives, Lieutenant Governor, Honolulu Prosecuting Attorney, Director of Health, and State Parent Teacher Student Association Council.
|
OFFERED BY: |
_____________________________ |
|
Report Title:
Drug Testing in Schools