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Random drug testing in schools has fueled significant controversy surrounding the constitutional rights of students. Two Supreme Court rulings have opened the door for allowing school districts to implement random drug testing programs. But, drug testing in schools is an issue that will likely maintain interest in the court of public opinion.
In 1995, the U.S. Supreme Court, in Vernonia School District vs. Acton, 515 U.S. 646, rejected a constitutional challenge to a Washington public school district's random urinalysis testing program for students involved in interscholastic sports. At the time, the Court determined that public school students' privacy rights were limited because they require constant supervision. Additionally, the court found that, with student athletes who already were required to undergo physical examinations and given the decidedly public nature of the locker room environment, drug testing posed a minimal privacy invasion. The Court was swayed by the school district's goals in instituting such a policy, deciding that random testing might actually deter drug use and protect student athletes from unnecessary injury.
In June 2002, the U.S. Supreme Court, in Board of Education of Independent School District No. 92 of Pottawatomie County et al. v. Earls et al., broadened the authority of public schools to test students for illegal drugs. Voting 5 to 4, the Court ruled to allow random drug tests for all middle and high school students participating in competitive extracurricular activities. The ruling greatly expands the scope of school drug testing, which previously had been allowed only for student athletes. Ruling proponents say that the sacrifice of student rights is worth the outcome if it reduces drug use. Critics say the testing is costly, inconclusive and unworthy of diminishing students' liberties.
What does it mean?
With the Court's 2002 ruling, school districts are free to implement policies requiring random and suspicionless drug testing among all students participating in extracurricular activities.
What are the concerns?
The major concerns to implementing student drug testing programs include the constitutional rights and privacy of students and the scope and cost of testing. Opponents of random student drug testing cite the issues of student invasiveness and the creation of a culture of distrust. The cost of testing can be prohibitive for many school districts with estimates ranging from approximately $20 to $200 per test, depending on the drugs tested. Consequently, allocating funds for drug testing programs remains an obstacle.
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