Supreme Court backs drug testing in high schools

USA Today | 6-27-2002 | Toni Lucy

[SandfleaCSC]

By Toni Locy, USA TODAY

WASHINGTON ? School districts can force the nation's 23 million middle and high school students to take drug tests before they are allowed to join the band, choir, chess club or any other competitive extracurricular activities, the U.S. Supreme Court said Thursday.

By a 5-to-4 vote, the court upheld efforts by an Oklahoma school district to keep students from using illegal drugs. In doing so, the court emphasized the "custodial" responsibilities that schools have in lieu of parents to protect "the safety and health" of students.

The ruling reflects widespread concern about the environment in the nation's public schools. The court's decision broadens a 1995 ruling that allowed urinalysis of student athletes by expanding drug testing to activities that can be an important element of students' high school years.

Justice Clarence Thomas, writing for the majority, said students who join the band or chess club have limited expectations of privacy. The intrusive nature of the tests is "not significant," he wrote.

Thomas also said schools do not need proof of a pervasive drug problem. "Indeed, it would make little sense to require a school district to wait for a substantial portion of its students to begin using drugs" before implementing a drug testing program, he wrote.

"This gives kids a reason to say no to drugs," says David Evans, of the Drug-Free Schools Coalition, a group of educators and parents. "They can still be cool, but they can now say, 'I can't do drugs because I'm in the chess club.' "

Graham Boyd, an American Civil Liberties Union lawyer who argued the case for opponents of the policy, says the court ignored "common sense logic and expertise" that students who participate in extracurricular activities are less likely to do drugs.

The key issues in the case revolved around the Fourth Amendment's that guarantees the right "against unreasonable searches and seizures." In prior cases, the court has said that drug testing is a type of search that require a warrant or evidence of wrongdoing. But the court has ruled that schools are different because educators need to maintain order.

In 1998, the Pottawatomie County School District required students who wanted to participate in competitive extracurricular activities to submit to drug tests. The policy affected the band, choir, academic team, Future Farmers of America, Future Homemakers of America and other activities.

Justice Ruth Bader Ginsburg, in her dissent, questioned the district's safety concerns. "Notwithstanding nightmarish images of out-of-control flatware, livestock run amok and colliding tubas disturbing the peace," the activities are not as dangerous as athletics.

Lindsay Earls, 19, who challenged the policy, says several students dropped out of extracurricular activities in protest. "I don't see how it's helping anyone at all," she says.

[SandfleaCSC]

What is going on with our judiciary system? It's gone to extreme of testing high school band members for drugs...WITH NO PROBABLE CAUSE. Yes they are kids, but they still have rights to protect them from state abuses like this. Or I should say they used to.

[ladylib]

And the Supremes said they would welcome arguments to drug test every kid in public school whether they participate in extracurricular activities or not.

[anniegetyourgun]

Welcome to FR. I have no heartburn over this ruling, but I'm sure the single-issue folks will soon be here to comfort you.

[mvpel]

It's the principle of "in loco parientis" - the schools are acting in the role of parents while the children are in their care. A child can't sue a parent for searching their room, same basic idea here. This is not particularly surprising, considering how similar the government schools are to prisons in so many other respects.

[SandfleaCSC]

Does that extend to letting the school administer physical punishment, strip searches, or forced religious indocrination like the "Muslim Week" controversy in Kalifornia. The line in the sand has to be drawn somewhere.

[Lexington Green]

All together, children... Pee in your cups and recite "I pledge allegiance to the Police State of America."

[Fast 1975]

I'm a libertarian, but could go either way on this decision for an number or reasons. But it appears the public schools should be more enthusiastic about testing the students academically than for drugs.

[riley1992]

Brilliant. Take a kid who you just might walk down another path with drama or music and tell him he isn't going to do so unless he or she submits to drug testing. What do you think the outcome is going to be? If you answer, "They will quit doing drugs to join!!!", you are dead wrong.

[mvpel]

Corporal punishment was legal in US schools until relatively recently - I remember when my dad, a Jr. High teacher, had to hang up his paddle.

Don't forget, this ruling is a *good* thing - between all the other asinine things going on in government schools, more and more people will come to realize that government school is no place for children.

[ladylib]

Some students will go along with it because extracurricular activities help them get into competitive colleges. What about the kids that won't? They can participate in outside extracurricular activities. If a majority of students say they won't pee and are therefore not eligible for extracurricular activities, how is this going to make the school look to colleges? How will this lack of activity and school spirit help the careers of school administrators who might want to advance? Would you want to be an employee of a school district that basically has nothing to offer its students because they refuse to participate in drug testing? What if kids decide that football, chorus, debate, chess club, math competitions, etc., aren't important enough to pee in a cup? Lotsa people are going to be out of work. What if a kid decides that since he is not going to give up his 4th amendment rights he might as well not attend that particular school? Food for thought for administrators who might want to jump on the "drug-test" them bandwagon.

[riley1992]

How will this lack of activity and school spirit help the careers of school administrators who might want to advance?

Well, we could give the admin's pom pom's and send them on their way with a hearty, "Go Team!"

[mass55th]

Maybe they should be testing the teachers.