Steroid testing faces privacy, financial concerns, By:  BENJAMIN HELFRICH AND MICHAEL KASIBORSKI

An Illinois High School Association regulation that would test athletes for steroids at all 2007-08 state finals is a "front-burner issue" that will undoubtedly be challenged in court, a critic said.

Neil McCluskey, an education policy analyst at the Cato Institute, a Washington, D.C.-based, libertarian think tank, said this is especially the case if testing takes place only at the state level.

Despite concerns about privacy and the rights of student athletes, the IHSA bylaw and proposed legislation have the initial backing of a legal heavy hitter. Steroid testing in Illinois high schools is rooted in a 2002 U.S. Supreme Court decision.

In that opinion, the high court said drug testing students in competitive extracurricular activities is permissible.

The voluntary nature of sports as well as the school's interest in discovering and preventing drug use are two main pillars of the decision. According to the American Civil Liberties Union of Illinois steroid testing will have legal standing because of this decision.

"While we might not think it's a good policy, in many ways (testing) is permissible by law," said a spokesman for the ACLU of Illinois.

Still, the policy raises questions about the protection of student confidentiality. IHSA Assistant Executive Director Kurt Gibson said the confidentiality of testing results will not be an issue. Reports based on test results will not be released publicly, he said.

But because of the tight-knit nature of school communities, it may be easy to identify students removed from teams because of positive steroid tests. And these perceived violations of student rights would be the basis for future lawsuits.

"This is one of the many kinds of problems that never have had a definitive conclusion," McCluskey said.

Before any legal battles commence, funding for steroid testing must be figured out.

Gibson admits that funding is the big unanswered question. He estimates that each test will cost $175, and he doesn't know where that money will come from.

Critics such as the ACLU believe the money could be better spent on alternatives to testing, such as education programs for players and coaches. Yet steroid testing in Illinois might come down to more than dollars and cents when legal issues factor in.

"What legal rights students actually have is a moving target depending on what judges they get," McCluskey said.