State adopts drug-test guidelines Rules tightened, but school nurses still allowed to conduct procedures Thursday, November 08, 2007 • BY JOHN MOONEY AND BEV McCARRON • Star-Ledger Staff As more schools weigh random drug testing of their students, the state Board of Education yesterday approved guidelines that aim to ensure the tests will be reliable and accurate. Public schools will now need to follow stricter rules when randomly testing children for illegal drugs -- including how they notify students -- and testing procedures. But with at least 20 districts currently testing and more considering it, state officials stressed the new regulations should not get in the way of school nurses conducting the tests or drive up costs. "This is insurance that there is a basic floor of training and accuracy," said Barbara Gantwerk, an assistant education commissioner. "We don't believe this undermines it, but provides a uniform consistency throughout the state." Under a law passed by the Legislature in 2005, schools faced new requirements for how to randomly test students who participate in extracurricular activities or seek parking privileges. If the test is positive, students may be suspended from those activities or privileges. But disputes arose when the state Department of Education presented detailed regulations for implementing the new law. Local officials and testing advocates said the guidelines called for the tests to be performed by only state-licensed labs, a far more expensive procedure than a standard urine test administered by a school nurse. State officials yesterday explained that the rules lay out several options for districts, including the state licensing the schools themselves at a cost of $350 to $400 per year, and allowing school nurses to still perform the tests. The new rules would permit a school's designated physician to oversee the program as a lab director, and require nurses to receive training, as well periodically do a test for accuracy. Passing the regulations by unanimous vote, state board members said the concerns from districts and others had been addressed. Some said they hope this isn't misconstrued as a requirement for testing, but would at least safeguard what is done. "It is most critical that this is seen as optional and not a mandate to do this," said member Kathleen Dietz. "We have balanced everything we could, and we now have an opportunity for districts to supplement what they are doing." Dave Evans, executive director of the Flemington-based Drug Free Schools Coalition, led the charge against the guidelines when they came out last spring, mostly questioning a requirement that schools use a diagnostic laboratory for such testing. Yesterday, Evans and several local officials said they were mollified with the rules finally adopted. "We're very pleased that the commissioner of education has interpreted the regulations to permit on-site testing," Evans said. Pequannock is among the districts with random testing where a nurse performs the initial screen using a test that costs less than $20. If the sample comes back positive, then it is sent to a clinical lab for confirmation. Pequannock Valley Middle School Principal William Trusheim, who testified twice in Trenton against the initial proposal, said yesterday that the district could live with the final regulations. "I just didn't want to be in a situation where every sample would be sent out of district," he said. "That would triple or quadruple the costs." © 2007 The Star-Ledger. Used by NJ.com with permission.