Legislation would require absolute sobriety in schools
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Neal J. Kedzie
ELKHORN — A proposal by Sen. Neal Kedzie that would make it illegal for anyone under the age of 21 to be on school grounds while intoxicated is getting a lukewarm reception from some Walworth County school officials.
Kedzie, R-Elkhorn, said his bill would eliminate a loophole.
It’s legal in Wisconsin for a person younger than 21 to drink with a parent or legal guardian. That gives intoxicated students who attend school functions a pretty good chance of beating an underage drinking ticket, Kedzie said.
“This issue was brought to my attention by the case of an intoxicated student who attended a school function and was issued a citation only to find the citation was dismissed because the student's parents had provided the alcohol,” he said.
School officials said most schools already are drug- and alcohol-free zones, and some have police liaison officers who work with intoxicated students.
“Coming to school or a school activity (while intoxicated) is a violation of school rules,” said Greg Wescott, Elkhorn School District administrator. “Students are excused from extra curricular activities as well as given tickets if they come in that circumstance.”
Rick Penniston, principal at East Troy High School, said his school has policies to deal with alcohol and drugs, and school staff are capable of recognizing intoxicated students and dealing with them.
Students can be suspended and expelled without the assistance of new legislation, he said.
“We also have a police liaison officer,” Penniston added. “Anytime we have an issue with possession of drugs or students under the influence, it's always referred to our police liaison.”
Still, the school officials said the bill could be one more tool to enforce absolute sobriety on school grounds.
Kedzie said he doesn't agree with allowing people under the legal drinking age to have a drink. But that's the reality of state law, and he can't stop students from having a beer with their parents.
But if that happens, Kedzie said, students should be barred from school grounds and activities.
“I believe it's in the best interest of everyone for their own safety and the safety of others,” he said.
Wescott said the proposed legislation likely wouldn’t fix the problem of students attending school activities while intoxicated, but it might help.
“If by enacting the law would cause a student or parent to think twice about drinking, I don't know that it would be a bad thing,” the administrator said. “Do I see it being the answer? No, I don't think it will be.
“We already have consequences that students face if indeed they come to school or an extracurricular activity under the influence,” he said. “But it certainly would be one more tool.”
Jan 11, 2010 at 1:44 p.m.
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SuperDave: Violation of a school rule is not cause for a police citation. It is cause to have police remove the kid from school, but that's about it. Now, if the kid creates a disturbance while being removed from school, then you would have cause to cite for Disorderly Conduct.
The Underage Possession or Consumption statute is frequently misunderstood in law enforcement. My Field Training Officer taught me that once a kid drinks alcohol, he is "in possession" of it until he is at a .00% BAC. Using that logic, he asserted that once a parent lets their kid drink alcohol, the kid has to remain with the parent until s/he is at a .00%. Otherwise, the kid would be issued a citation for Underage Possession/Consumption.
In reality, there is case law (I believe from Miwaukee County) establishing that having a substance in one's blood stream does NOT constitute possession or consumption. Thus, having cocaine in your bloodstream is not illegal. Same goes for alcohol. Most kids aren't smart enough to contest such a citation in court, however.
Jan 11, 2010 at 11:53 a.m.
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I remember when the drinking age was 18. Seniors used to make it down to the Woodshed for dime tappers and make it back for 9th hour Civics. What a hoot!
Jan 11, 2010 at 11:19 a.m.
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"It's against the rules at the school. Period." - SuperDave .... That should also apply to the ban on firearms on school property but, there again, the rules are often broken when police officers walk about with guns in their holsters. Students are smart enough to see the hypocrisy.
Jan 11, 2010 at 10:56 a.m.
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Of course the schools are "Luke warm" to the idea.. "Absolute Sobriety" tags only the 21 and under crowd,, but it will lead to COMPLETE Absolute Sobriety, meaning that "NO ONE SHALL BE ALLOWED ON SCHOOL GROUNDS".. So there goes the "Nooners" that some teachers take or the morning tooth brush with Brandy in their coffee cup...
After all is said done, if a teacher need to have a "Nip" just to deal with the little Cretins (sp?) all day long..they may have to find someone that cares for the kids instead of how much longer they have b4 it's Miller Time>>>> may be this is just what the "Doctor" ordered
Jan 11, 2010 at 10:47 a.m.
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I don't understand why the citation was dismissed. If it's against school rules, it doesn't matter that the parents were present when the alcohol was consumed. It's against the rules at the school. Period.
Here's a loophole that should be closed, let's get government out of the education business.
Jan 11, 2010 at 8:13 a.m.
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Shocking, a Republican with NO IDEA of what schools really need or want.
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Not a horrible idea but not on the top 1000 of issues or concerns a rep. could be addressing to actually help schools better meet the need of every child.
Jan 11, 2010 at 12:01 a.m.
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The reason we need laws is to replace the lack of common sense and common courtesy that society lacks...increasing daily, it seems.
Jan 10, 2010 at 10:17 p.m.
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This is redundant grandstanding. Kedzie would do better to work with the schools to find out what they need from the state legislature.
Jan 10, 2010 at 9:52 p.m.
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This law may be a little redundant, but it never hurts when the school's rules can be backed up by police in such matters. This is especially true when the potential for negative consequences from drinking/driving are so great.
Jan 10, 2010 at 7:31 p.m.
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Sounds like someone wanting to get re-elected more than actually wanting to do something good. Schools have this in hand, we don't need more useless laws. From a republican too, what is the world coming too. (FYI I vote repubilican more than anything.)
Jan 10, 2010 at 6:23 p.m.
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Redundant.
Jan 10, 2010 at 5:48 p.m.
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A school can already set rules for students, including absolute sobriety on school grounds. Violating that rule can result in disciplinary action, including suspension or expulsion, and requires much less proof and documentation than a police citation.
I think this is overkill, and not the best use of our legislature's time, especially given the state of our economy, unemployment, and out-of-control taxes. Let's come up with yet another way to take money away from people!
Unnecessary and a waste of time.
Jan 10, 2010 at 5:15 p.m.
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How many more laws do we need? One incident should not trigger another law, especially if the school administrators are lukewarm to it.
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