The American Civil Liberties Union of Ohio has questioned the legality of Perrysburg Schools’ planned random breath-analyzing test of students attending today’s varsity football game.

“There’s a problem in constitutional rights with random testing,” said Gary Daniels, an ACLU spokesman in Columbus. “[Students] are taught ‘innocent until proven guilty,’ but here they are guilty until proven innocent.”

The district, in an effort to curb student drinking, will randomly test students attending the 7 p.m. game today between Perrysburg and Central Catholic. The students enter Steinecker Stadium through a separate gate. Students will draw a stick from a container, and they will have a 1 in 5 chance of picking a stick that requires a breath-analyzing test.

If the student refuses, he or she won’t be admitted to the game. The district has one device that detects the presence of alcohol and another that gives levels of blood alcohol if the person tests positive.

School administrators will conduct the random selections and administer the tests. Only Perrysburg High School students will be tested, not younger students or those from the visiting team. About 500 Perrysburg students typically attend the games.

Such random drug or alcohol testing has been done by schools throughout Ohio for different school events.

Maumee High School soon will form a committee to consider implementing a similar test for its students. Nancy Sayre, an official with the district, said talks about having a test began in the summer.

Toledo Public Schools has no such tests nor has it considered them, said Brian Murphy, assistant superintendent.

“We haven’t had discussions because we have not seen an issue with alcohol use and kids coming to games,” he said. “It truly hasn’t been a problem, if it was we would address it.”

Mr. Daniels of the ACLU said that despite his concerns about the constitutional rights of students, the outcome of a court challenge of such tests would depend upon the circumstances. Courts haven’t been willing to say students have the same rights in public schools as the general public, he said.

He added that parents and students typically don’t challenge schools on their constitutional rights.

Perrysburg Superintendent Tom Hosler said the U.S. Supreme Court has been consistent in siding with schools.

“The most difficult thing I’ve had to do as an educator is go to a student’s funeral for a life-changing decision that they made,” he said. “If the courts have said we can do it, then we will side with protecting the kids.”

The district said it has administered these tests at school dances for the last few years, with no one ever testing positive. Michael Short, Perrysburg High principal, said the goal is not to catch students but to give them the tools to say no.

School officials will watch students for other signs of intoxication, even the students who are not tested. Mr. Short said that if a student is slurring speech or having trouble walking, officials will look into it.

Mr. Daniels questioned how the district would know if a student enters the stadium through another gate.

If a student found to be drinking is belligerent or violent at the game, the district will get medical attention to make sure there is no alcohol poisoning. If the student cooperates and is remorseful, the district will not involve police.

Discipline could include a 10-day suspension, or less for students who agree to meet with a school counselor.

Contact Matt Thompson at:mthompson@theblade.com,419-356-8786, or onTwitter at @mthompson25.

First Published September 12, 2014, 4:00 a.m.