Four students disciplined under new drug policy

Third-grader at Muldown Elementary admits to smoking pot in restroom

A third-grader who admitted smoking marijuana recently at Muldown Elementary School became one of the first students disciplined under the Whitefish School District's new suspicion-based drug-testing policy.

No one saw the boy smoking pot in the boys restroom, but teachers could smell the smoke, school superintendent Jerry House told the school board Oct. 14. Because teachers keep track of who uses restrooms, it wasn't difficult to find a likely suspect.

Other students confirmed school officials' suspicions, House said. The boy allegedly asked some of his peers if they wanted to smoke. When officials recovered the pipe, which was hidden under a shed on the playground, the boy confessed.

Under Whitefish's new drug-testing policy, the school district may test any student who exhibits signs of being under the influence of drugs or alcohol. A specially trained staff member — part of an intervention-specialist team — judges whether reasonable suspicion exists.

In this instance, with the boy's confession, reasonable suspicion did exist. School officials contacted the boy's parents to get permission to test him for drug use.

Muldown principal Jill Rocksund would not confirm if the boy was given a drug test. His parents were notified, she said, and district policy was followed.

According to the drug-testing policy, students who test positive must agree to see a licensed drug counselor or face a three-day suspension. The boy and his parents have seen a counselor, House said, and he is in school.

Three students at Whitefish High School have also been disciplined under the new policy. One student's parents opted against testing, and that student was suspended for three days, the punishment for first-time offenses, House said. The two other high school students did submit to drug testing.

Drug-testing procedures are still somewhat fuzzy. School board trustees approved the first reading of the procedures Oct. 14, but there will be further investigation before a second reading, specifically regarding the rights of 16- and 17-year-olds and compassion for young offenders.

The policy states that the school does not have to ask parental permission to drug-test 18-year-olds, who are legally adults. But according to school board trustee and Whitefish assistant police chief Mike Ferda, law enforcement officers cannot interrogate children under-16 without parental permission, while 16- and 17-year-olds can waive that right. House said he wants to investigate the law's implications on the district's drug-testing policy before the board's next meeting.

Also of concern is how offenses accumulate over a student's public-school history. The third-grader at Muldown, for example, will carry his offense until he graduates from high school. If he tests positive for drugs or alcohol again, he will face a minimum 40-day suspension, even if that second offense takes place years from now.

Still under consideration is the district's opt-in, voluntary, random-testing policy that was tabled at the school board's Aug. 12 meeting. As proposed, the policy would apply only to students in extracurricular activities.

A board-appointed committee made up of trustees, community members and district employees have met three times to discuss the policy.

They will meet two more times before trustee and committee member Shannon Hanson presents the committee's findings to the board.