is it legal to drug test high school students?

Question

speech project and we need both for it and against it. please help if you can

Answer 1

No.
Not unless each person tested either waives their 4th amendment rights, or the gov't has probable cause for each person they wish to test

Amendment IV in the Bill of Rights

"The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized."

The US government cannot take anything from you without first having probable cause.
They may say that they are trying to keep schools safer, or that kids shouldn't be doing drugs.
That doesn't matter because the gov't can't take any of your possessions, even your urine, because the right to be secure in your possessions is one of your fundamental rights.

They may say that you cannot come to school it you do not submit.
That doesn't matter either because you are required by law to go to school.
No law can be passed that denies your Constitutional Rights.

If they did drug test people, then the students could, and should take them to court.
These Rights, as said in the 4th Amendment, "shall not be violated".



EDIT to Glade B

This was a particular case where the school was able to fulfill its requirement that it "must demonstrate a `compelling need' for the program." 796 F. Supp., at 1363
as stated in your source.

Also, not every student in the school was allowed to be tested, but only the "students involved in extraciricular activities"(ie. athletics) were allowed to be tested because they were at an exceptional risk of injury if under the influence of drugs.

So, in order for a school to be able to test students it must be shown that there is a compellingly high incidence of drug use, and even if that is shown, the school can still only test the athletes.

All kids who are not involved in extraciricular activities are automatically exempt from testing.

Answer 2

This issue was decided by the U.S. Supreme Court in June, 2002. The Court upheld a school's right to perform random drug tests as a way of ridding its campus of drug users. Further, the Court upheld a lower court's ruling that this does not constitute a violation of privacy, nor does it violate search and seizure laws. My feeling, though, is that schools should do these tests uniformly, or not do them at all. Many schools were testing students who participated in extracurricular activities only, which seems arbitrary, capricious and discriminatory to me. When I was in high school, this would have strictly been the role of a parent. Nowadays, though, we see courts increasing schools' "in loco parentis" rights, which does make me uncomfortable. Today, it's random drug tests and mandatory schooling about homosexuality (per laws recently passed in CA); tomorrow, it may be something much more objectionable to parents, unless we do something NOW. I have no problem with drug testing in schools, but this is probably because I know my kids don't take drugs. Peace.

Answer 3

The restrictions on administering drug tests to high school students vary from state to state. Generally, there must be at least some reasonable cause to administer the test and student athletes may be tested to check for performance enhancing drugs.

Answer 4

Drug testing students involved in extracurricular activities has been upheld by the Supreme Court in VERNONIA SCHOOL DISTRICT 47J, PETITIONER v. WAYNE ACTON:

http://supct.law.cornell.edu/supct/html/94-590.ZO.html

It is only a question of time before we will know if the Court will extend that decision to cover all students in public schools.

Answer 5

I'm against it. Because that will just force problem kids to drop out. Is it legal? Sure. You can do whatever you want to a minor as long as it's not sexual. Kids don't have any rights.

Answer 6

With their informed consent, yes. Whether they need adult permission or advice to give that consent depends on State law.

There are circumstances where it's legal to discipline students who refuse consent (eg Student athletes), and circumstances where it isn't. (eg. School-wide random or universal testing)

Very fact and State-law specific.

Richard

Answer 7

Of course it is. And it should be. I wouldn't want my teenager running around on drugs. Hope this helps!!

Answer 8

Depends where you live (e.g. which state). In most states it's pretty legal I believe.