Friday, January 10, 2014

Drug and Alcohol testing of high school students

The fourth amendment prohibits unreasonable search and seizure and requires probable cause to do so. The rights of students to not be subject to drug and alcohol testing falls under the fourth amendment. In 1995 the United States Supreme Court upheld as constitutional a school policy that required students to consent to random drug testing as a condition for participation in interscholastic activities. The Court had to weigh the students right to privacy versus the governments interest in drug-free schools. The Court ruled that athletes have a lower expectation of privacy. In 1998 the 7th Circuit Court ruled that schools can prohibit high school students from participating in extracurricular activities if they refuse to consent to random drug testing conducted by urinalysis. The court claimed that extracurricular activity participation is a privilege in which students have voluntarily chosen to participate. This is how we justify giving students a breath test before entering Prom. Since school attendance is required, it would be unconstitutional to prohibit students from attending school because they refused to be drug tested or failed a random drug test. Private schools may be able to get around this by claiming that students choose to go there and as such attendance is voluntary. Some schools have policies in place that give student-athletes that get Minor in Possession an option to be suspended from activities or attend some sort of counseling/treatment program. I personally like to leave student drug/alcohol abuse to law enforcement unless it is a problem that impacts the culture of the school. I don't see that at Bancroft-Rosalie right now.