Illinois mandates random drug testing of athletes, including for steroids
The Illinois High School Association (IHSA) has joined a small but growing number of states to implement mandatory random drug-testing for student-athletes. Its Board of Directors voted 10-0 to begin testing with the 2008-09 school year. While at least a few dozen Illinois high schools have instituted drug-testing of athletes on their own in the last two decades, this is the first time the IHSA has mandated statewide testing. Few, if any, of the schools tested for steroids. IHSA Executive Director Marty Hickman said that about 70% of schools responding to a survey backed testing. Most specific details of the plan, including the scope of the program and penalties, likely will be determined next month, he said.
Illinois would become the fourth state to have a steroid-testing program for high school athletes, following New Jersey, Florida and Texas. New Jersey is in its second year of steroid testing. Florida is in its first year, and Texas plans to start testing in the spring semester. All three programs are a response to state government action. The IHSA touts its plan as the first voluntary one. According to Kim Rogers of the University Interscholastic League, Texas' governing body for extracurricular activities in public schools, the state has appropriated $6 million for two years of testing, enough to cover more than 40,000 tests by the end of the 2008-09 school year in all sports. Based on an estimated cost of $175 a test, the IHSA would test fewer than 1,000 athletes a year. It will test them only after they enter state competition and perhaps only in sports in which use of performance-enhancing substances produces significant competitive advantages. “We're going to walk, not run, as a way to get the program started,” Hickman said. “We may expand as we go, but we think this is an excellent start.” He said the IHSA plans to strengthen its education program regarding avoiding use of performance-enhancing substances.
The legality of the testing program doesn't appear to be an issue. In a case arising out of Oregon, the Supreme Court in 1995 held that public high school athletes could be subject to random drug tests. Six years ago, citing a "nationwide epidemic of drug use," the court expanded the holding to all public school students who participate in extracurricular activities. Data is lacking regarding how many high school athletes take steroids, said Frank Uryasz, president of the National Center for Drug Free Sport, but he believes anecdotal evidence indicates a need for testing. The National Center for Drug Free Sport conducts testing for New Jersey, Florida and the NCAA and has applied to administer Texas' program. Uryasz expects more states to follow Illinois. “After Illinois, I think there will be a lull while other states watch what happens in the four states that have implemented steroid testing,” he said. “My prediction is after that lull we'll see more state associations at least do steroid testing in their championships.”
Source: Chicago Tribune, 1/14/08, By Barry Temkin
[Editor’s Note: The Supreme Court cases referred to were Vernonia School District 47J v. Acton, 515 U.S. 646 (1995), and Board of Education of Independent School District No. 92 of Pottawatomie County v. Earls, 536 U.S. 822 (2002). For background on the programs in other states, see below.]
NSBA School Law pages on steroid testing