In particular, he fears that an erroneous test result, purporting to show drug or alcohol use, will result in profoundly negative consequences. But a demonstrated drug abuse problem is not always necessary to the validity of a testing regime, even though some showing of a problem does shore up an assertion of a special need for a suspicionless general search program. We know all too well that drug use carries a variety of health risks for children, including death from overdose. Vernonia cannot be read to endorse invasive and suspicionless drug testing of all students upon any evidence of drug use, solely because drugs jeopardize the life and health of those who use them. The United States Supreme Court granted certiorari. Acton 1995 , the Court ruled the policy was constitutional based on five reasons, as discussed in this entry. The school board was concerned about the dangers to students having to handle and wrestle large animals while under the influence, but it expresses no concern with students having to handle and wrestle with, for example, saws and drills, an acetylene torch to weld or cut metal, red hot or sharp metals, an automobile engine being installed in a car or a car being placed on jacks for repair, wielding a scalpel in biology or handling acid in chemistry, or learning to drive a car with no experience.
The other students in the class immediately understood that Ms. See McCray, note 12, supra Vernonia permits drug testing of anyone involved in any extracurricular activities. It is not narrowly drawn with a view toward limiting the number of students subject to testing to those who truly require it. Cooley was also the author of Thomas Cooley, Constitutional Limitations which was first published in 1868 and went through at least six editions. Further, in contrast to athletic teams, non-athletic activities have never required communal undressing or other voluntary reductions in privacy. Students were not reported to the police, and only repeated positive tests or refusals to participate in counseling could have led to students being excluded from extracurricular activities. The third factor of Vernonia, 515 U.
All of them have their own rules and requirements for participating students that do not apply to the student body as a whole. This distinction, however, was not essential in Vernonia, which depended primarily upon the schools custodial responsibility and authority. We first consider the nature of the privacy interest allegedly compromised by the drug testing. Students that test positive may not be permitted to participate in extracurricular activities. Defendants arrived at their choice of random drug testing without reaching a considered conclusion that other, less intrusive programs could achieve their stated goals. Individualized suspicion of wrongdoing is normally required before a search may be conducted. Each student was given a small cup.
The drug abuse problem among our Nation's youth has hardly abated since Vernonia was decided in 1995. Common Sense for Drug Policy www. Teachers testified that they saw students who appeared to be under the influence of drugs and heard students speaking openly about using drugs. Vernonia did not require the school to test the group of students most likely to use drugs, but rather considered the constitutionality of the program in the context of the public school's custodial responsibilities. At what point do the indiscretions of few, a number so small that can be counted on one hand out of the nearly 1500 students that must have passed through Tecumseh during this program, justify government's ability to drug test practically everybody? Cuddihy, The Fourth Amendment: Origins and Original Meaning, 602-1791 at 1402-03 1990 Griswold, The Right to be Let Alone, 55 Nw. Venue is proper in this court under 28 U.
Along with concerns for student privacy, Ginsberg was troubled by the lack of evidence to justify the need for the policy. Students also meet once a week after school for practice and compete one to two times per week in tournaments for most of the academic year. Exclusion of students from these activities will seriously interfere with students' ability to gain college or university admission, affecting future employment, income, skills, and abilities. Until recently, Tecumseh High School's student activities were generally open to any students wishing to participate. §1983 action for equitable relief, alleging that the Policy violates the. Students' urine is initially analyzed using the immunoassay methodology.
According to the Policy, the consequence of a positive test result depends on the number of prior offenses. To access this section, please or. In any event, students who participate in competitive extracurricular activities voluntarily subject themselves to many of the same intrusions on their privacy as do athletes. Add to it the fact that students are summoned from class for testing rather than tested during their normal athletic training amongst each other, and attention is called to the fact they are being tested. On the basis of its findings, the Supreme Court held that the policy did not violate the Fourth Amendment, and it reversed the Tenth decision. In addition to competing at other high schools, the group hosts an annual tournament held at Tecumseh High School. True, as the Court stresses, Tecumseh students participating in competitive extracurricular activities other than athletics share two relevant characteristics with the athletes of Vernonia.
Academic Team: The Academic Team consists of a group of students who enroll in a regular academic class and then compete in interscholastic contests. As stated above, the invasion of privacy contem plated here is more significant and embarrassing than the student athletes in Vernonia. That is individualized suspicion by definition. The School District has identified no special need to target students who do not participate in athletic activities for drug and alcohol testing. Rather, the policy expresses only a symbolic opposition to student drug and alcohol use. Shortly after the incidents involving the middle school football players, several parents attended a school board meeting where they forcefully demanded a strong response to the threat of prescription drugs, illegal drugs, and alcohol.
The legal challenge to the practice was brought by two students, Lindsay Earls and Daniel James, and their families against the school board of , alleging that their policy requiring students to consent to random testing for drug use violated the to the. In October 1998, she completed a consent form, including a list of her prescription drugs, and submitted the form to Mrs. The Student Activities Drug Testing Policy implemented by the Board of Education of Independent School District No. And the school board president reported that people in the community were calling the board to discuss the drug situation. But, the Court held that this compelled surgical intrusion for evidence implicated expectations of privacy and personal security to such a degree that the intrusion was constitutionally unreason able under the Fourth Amendment even though it certainly would produce evidence of a violent crime. There is an element of communal undress inherent in athletic participation. Students who refuse or are unable to pay the drug testing fee are ineligible to participate in student activities covered by the Drug Testing Policy or in the academic course associated with these activities.
The court then held that the School District had failed to demonstrate such a problem among Tecumseh students participating in competitive extracurricular activities. To the date of the summary judgment, only 3 students of 500 over the testing years nearly 800 students in school every year had tested positive: 0. At the time of their suit, both respondents attended Tecumseh High School. Under the Policy, students are required to take a drug test before participating in an extracurricular activity, must submit to random drug testing while participating in that activity, and must agree to be tested at any time upon reasonable suspicion. Tecumseh Public School District offers a host of student activities that complement the standard academic curriculum. In 1998 a school district in Oklahoma adopted a policy that required all middle- and high-school students who wished to participate in competitive extracurricular activities to submit urine for drug testing. It is a function traditionally performed without public observation; indeed, its performance in public is generally prohibited by law as well as social custom.
When the time arrived for Ms. For non-athletic activities, such as Academic Team and Choir, no physical or medical tests were required. The School District has also presented specific evidence of drug use at Tecumseh schools. For the 1999-2000 school year, the sum is five dollars. Held: Tecumsehs Policy is a reasonable means of furthering the School Districts important interest in preventing and deterring drug use among its schoolchildren and does not violate the. I agree with the Court that Vernonia School Dist. Under the Policy, a faculty monitor waits outside the closed restroom stall for the student to produce a sample and must listen for the normal sounds of urination to guard against tampered specimens and ensure an accurate chain of custody.