FAIRBURY, NE — The Fairbury School Board chooses to do away with drug testing for students.

The board voted 3-1 Monday to rescind Policy 5013, which subject 7-12th graders in extra-curricular activities to random drug testing and laid out consequences for those who tested positive. Two board members were absent from the meeting. No one from the public commented during the meeting.

Board president Barry Schwab voted to get rid of the policy. He says the COVID-19 pandemic changed his perspective on the issue, saying, "it extends past the limits of the school's authority."

"I understand the incentive and the objectives this policy seeks to achieve, but I think it's overreach," Schwab said.

Superintendent Stephen Grizzle said the policy was put in place five years ago. At the time, the two goals in mind were to demonstrate there was no widespread drug use issue in the district and to give students, "an incentive to say no when pressured to say yes."

Fairbury is the only school in the Southern Nebraska Conference to have a drug testing policy for students involved in activities. Grizzle said about 20 other schools in the state contract with Ohio-based Sports Safe, to conduct the random tests.

Board Member Jody Starr says there were 12 positive tests last school year, including some repeat offenders. She voted to rescind the policy and challenged its effectiveness.

"So I guess that shows you that you don't have a drug problem," Starr said to Grizzle during the meeting. "Maybe the drug problem is in the non-[extra-curricular] participants, but you can't test them. I also know of kids that have tested positive, it's like I said last year and at the last meeting, they're still doing it. You didn't stop them from doing it. They're graduated now and they're still doing it."

According to Starr, subjecting all students to random drug testing, regardless of club or sport involvement, is unlawful.

Board Member Jonathan Winter was the lone person to vote to keep the policy in place. He says the chance to stop a bad habit at a young age justifies it.

"But if we can reach one or even two kids, I think it's worth it," Winter said, responding to Starr's comment. "If we can stop them from being addicted to a substance into adulthood, to me personally, that's worth it."

Rescinding the policy also did away with the need to vote on proposed changes to the policy.

One of those changes would have required students to talk with a counselor, mental health provider or student resource officer after a first offense. High School Principal Sean Molloy believes those talks would help a struggling student.

"It's one of those things that strengthens the relationship," Molloy said. "I don't know after school what happens then, but I do know the policy lends itself to kids, once they test positive, feeling more comfortable talking about those things and their struggles."

Employees of the district are not subject to drug testing due to the district's Collective Bargaining Agreement with the Nebraska State Education Association Fairbury Unit, according to Fairbury Public Schools.

Policy 5013's removal only ends the district's testing. The student code of conduct addresses the possession, use or distribution of drugs and alcohol and the consequences. 

The decision comes nearly two weeks after the board held a retreat to review Policy 5013.

VOTING:

YES to rescinding the policy - Barry Schwab, Angie Judd, Jody Starr
NO to rescinding the policy - Jonathan Winter
ABSENT from the meeting - Sharon Ebke, Jacie Milius