Court Ruling - Drug Test Court

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Drug Testing Passes High Court Examination

Random drug testing in schools has fueled significant controversy surrounding student constitutional rights. Courts have ruled inconsistently on the issue, producing a lengthy case history for the subject.

The recent United States Supreme Court ruling in The Board of Education of Independent School District Number 92 of Pottawatomie County vs. Earls is significant because it is the first high court ruling that supports broadening the student population that may be tested without suspicion.

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. Drug testing in schools is an issue that likely will maintain interest in the court of public opinion.

Not the first time
In a highly-publicized 1995 ruling, the Supreme Court 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 also 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.

What does it mean?
With the Court's June ruling, school districts are free to implement potentially costly policies requiring random and suspicionless drug testing among all students participating in extracurricular activities. Time will tell how state legislatures will approach this rapidly evolving policy trend.

NCSL has selected court cases significant to the development of student drug testing and privacy policy to aid legislators and staff in discourse on the matter. For current state policies or any additional information on this issue, please contact Sara Vitaska @ 303-364-7700.

Selected U.S. Supreme Court cases involving student drug testing or privacy:

The Board of Education of Independent School District Number 92 of Pottawatomie County vs. Earls (2002)
The Student Activities Drug Testing Policy adopted by the Tecumseh, Oklahoma School District requires all middle and high school students to consent to urinalysis testing for drugs in order to participate in any extracurricular activity. Students at the school and their parents allege that the policy violates the Fourth Amendment. Applying Vernonia School District 47J v. Acton, 515 U.S. 646.
http://supct.law.cornell.edu/supct/html/01-332.ZS.html

Vernonia School District vs. Acton, 515 U.S. 646 (1995)
Here, a divided Supreme Court upheld a school district policy forcing students to consent to suspicionless drug testing in order to participate in interscholastic sports.
http://supct.law.cornell.edu/supct/html/94-590.ZD.html

Tinker vs. Des Moines Independent Community School. District, 393 U.S. 503, 506 (1969)
The case involved students who wore black armbands to protest the Vietnam war, and were suspended from school. Here, the Court determined that students retained their constitutional rights within the school as long as their actions did not represent a disruption of educational activities.
http://www2.law.cornell.edu/cgi-bin/foliocgi.exe/historic/query=[Group+393+U.S.+503:]([Level+Case+Citation:]|[Group+citemenu:])/doc/{@1}/hit_headings/words=4/hits_only

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