What is the current legal status of such tests?
Schools are allowed to take random drug tests of students involved
in extra curricular activities. (U.S. Supreme
Court)
However, students who have been suspended from school do NOT
have to submit to drug test upon returning to school. (7th Circuit,
review by U.S. Supremes turn down,
so it stands)
There has been no specific ruling by the Supreme Court regarding
random testing of the general student population, but in 2004 President
Bush proposed a plan to a share $20 million in federal funding
with schools that agree to test all students.
Then how did the Supreme Court declare such tests legal?
In a 5-4 majority, the court applied a balancing test and decided
that a school's need to provide a safe learning environment for
students outweighed the students' Fourth Amendment rights.
In other words, students who participate in sports, choir,
band or debate have a reduced expectation of privacy because
they sometimes share locker rooms or hotel rooms - therefore,
the court reasoned that drug testing was not an unreasonable
invasion of privacy.
What are the objections to school drug testing?
- The dissenting opinion points out that students involved
in extra curricular activities are least likely to need intervention,
- also it discourages students from getting involved
in these beneficial activities
- The American Academy of
Pediatrics has come out against school testing.
- And many parents feel that drug testing is a matter for parents
to decide, not the government.
Can parents make their children take drug tests?
Yes. Children have no Fourth Amendment right to privacy from
their own parents.
And it’s becoming easier for parents to conduct the tests,
even at home.
In fact, some schools are sidestepping the issue by encouraging
parents to conduct their own tests.
If you suspect you child is taking drugs pay attention to who
he/she is hanging out with; get involved in his/her life; and as a
last resort consider testing him/her for drugs.
