February
5, 2010
Absolute Sobriety on School
Grounds Should Be
Enforceable
As many high schools prepare
for annual events and
traditions, such as prom or
graduation, some students
use those events as an
opportunity to consume
alcohol, become inebriated,
and attend the event
intoxicated. Schools have
very strict policies in
place to ensure such
functions are safe,
enjoyable, and free of
alcohol. School officials
are vigilant to this
activity and will take the
necessary steps to both
remove and punish any
student caught on school
grounds while under the
influence.
However, I have recently
learned a loophole exists in
current law which could
create problems for those
officials. As a bit of
background, a situation
evolved when an inebriated
student attended a school
function, was removed by
school officials, and issued
an underage drinking
citation by local law
enforcement. However, it
was later determined no
charges could be filed, as
the student’s parents
provided the alcohol, which
is legal under current law.
Thus, while the student was
properly dealt with by the
school, no other substantive
penalty could be issued.
In order to address this
issue and close this
loophole, I have introduced
Senate Bill 421, which I
believe gives school
districts and law
enforcement an additional
deterrent to keep
alcohol-induced students off
school grounds. Under the
bill, any student found
under the influence of
alcohol at a school
sponsored event would be
subject to a fine of up to
$200. While it is both
illegal for anyone under the
age of 21 to consume
alcohol, unless accompanied
by their parents, and
illegal to consume alcohol
on school grounds, the law
is silent in regards to a
person under the age of 21
who drinks at home with
their parents and then
attends a school function.
Unfortunately, these types
of incidents seem to be on
the rise, where a parent
provides their son or
daughter alcohol prior to a
school sporting event or
dance. The student attends
the event intoxicated, which
is technically allowable
under the law. While the
school where the incident
occurs may be able to take
action on its own, such as
removing the student, or
suspending the student from
classes or requiring
detention if the individual
is enrolled at the school,
no other legal enforcement
actions may be taken to
punish the student or other
underage drinkers. In
essence, a parent could
unleash their intoxicated
child on the school, which
would then be in a position
to supervise and deal with
any problems that might
arise. Under this scenario,
law enforcement would be
unable to do anything, other
than remove the student from
the premises.
Alcohol-related problems –
for both adults and teens –
have been highlighted
recently, as tragedies
continue to plague our roads
and highways, and those who
may harm others are often
treated lightly under the
law. Statewide newspapers
and editorial boards weighed
in on this topic and urged
lawmakers to step up efforts
to quell this growing
problem. I view my bill as
a part of that effort in
order to send a message to
students and their parents
that if they choose to
consume alcohol at home, it
would be in their own and
the publics’ best interest
to remain at home.
My bill is in no way a
criticism of school district
officials and the manner in
which they currently deal
with intoxicated students.
School officials are asked
to deal with an increasing
amount of student behavioral
issues each year, and by all
accounts, are handling that
responsibility exceptionally
well. With that in mind, I
believe it is our
responsibility to provide
schools and law enforcement
with the tools needed to
address this issue, close
the loophole in current law,
and continue our mutual
efforts to appropriately
deal with underage drinking
and the culture of drinking
in Wisconsin.
-30-
Sen. Kedzie can be reached
in Madison at P.O. Box 7882,
Madison, WI 53707-7882 or by
calling toll-free 1 (800)
578-1457. He may be reached
in the district at (262)
742-2025 or on-line at
www.senatorkedzie.com
