Drug tesing in schools.
Mandatory drug testing in schools is controversial. Some believe the policy lowers the use of illegal or illicit drugs in schools. This, supporters believe, makes schools safer for all students. Others believe the policies violate students' constitutional rights and have little, if any, impact. Various cases have been brought before high courts to determine the issue. These decisions, and a few effectiveness studies, have failed to provide a clear-cut answer for either side of the issue.
Federal, State and District Policies
A decision from the U.S. Supreme Court paved the way for school districts to implement mandatory drug testing policies for all students involved in extracurricular activities. However, this is not the only factor school districts must consider before implementing mandatory drug testing. State and local laws may impact the creation of such a policy; the way the policy is carried out; and the students subject to the mandatory testing program.
Vernonia School District v. Acton
The 1995 case of Vernonia School District v. Acton opened the door for mandatory drug testing in U.S. schools. In the case, the Supreme Court ruled that mandatory drug testing of athletes is reasonable under the Fourth Amendment. In its decision, the court noted that the district's drug policy was reasonable due to the increase of illegal drug use in area schools. The court also noted its concern that student athletes are at increased risk for harm if they played sports while high. Since the ruling, a number of schools in the U.S. have instituted mandatory drug testing for student athletes.
Board of Education of Pottawatomie County v. Earls
The Tecumseh Public School District in Oklahoma took mandatory drug testing one step further by requiring students participating in non-athletic extracurricular activities to take drug tests. The students filed suit, claiming the policy violated their rights. Additionally, the students claimed the requirement was unfair. The school district did not have a problem with student drug use. And, there was no evidence that any of the students involved used drugs. The Federal Court of Appeals in the 10th Circuit held the district's policy violated the students' Fourth Amendment rights. In 2002, the U.S. Supreme Court reversed the lower court's decision by ruling the school district's policy was valid. As a result of the ruling, schools can now institute suspicionless drug testing for students involved in all extracurricular activities.
Tannahill v. Lockney Independent School District
In Texas, the Lockney Independent School District implemented one of the most widespread mandatory drug testing policies. This policy required the mandatory drug testing of all students in grades 7 through 12. Before the implementation of the policy, several surveys were conducted to ascertain parent and community thoughts concerning the topic. The new policy amended the district's previous "Reasonable Suspicion Drug Testing Policy." The school district maintained enough evidence existed that a drug use problem existed. The U.S. District Court for the Northern District of Texas, Lubbock Division, ruled the policy "is the most intrusive of any school district in Texas. ... It is an across-the-board, eagle eye examination of personal information of almost every child in the school district. It is difficult to imagine any search of school children being more intrusive." The court ruled the school district's policy was unconstitutional.
Effectiveness
A study published in the 2005 "British Journal of General Practice" concluded there is no real evidence that mandatory drug testing lowers or deters the use of illegal drugs among the school-age population. In a study of 76,000 students, grades 8 through 12, researchers found that drug testing was not directly associated with the rate of illicit drug use. This study conflicts with a report issued by the U.S. Office of National Drug Control Policy. In its report, the U.S. agency claimed drug testing is effective in deterring and reducing the amount of drug use among school students. A 2007 report published by the National Institute on Drug Abuse (NIDA) states there is little and conflicting evidence on the effectiveness of drug testing policies. In one study published in a 2007 issue of "Adolescent Health," drug use among student athletes who participated in a drug testing programs actually increased.
Tags: drug testing, mandatory drug, drug testing, mandatory drug testing, district policy, drug testing policies, extracurricular activities
