Drug tests for students? - random drug testing on high school students in Dade County, Florida

Current Events, Oct 24, 1997

Despite claims that Dade County, Florida's new random drug testing policy is unconstitutional, school officials are confident that their policy will stand. Proponents of the plan point to a 1995 Supreme Court case as a precedent in allowing random drug tests.

In 1989, a Veronia, Oregon school implemented a random drug testing policy for student athletes. The school was challenged and a court battle ensued.

Finally, in a June, 1995 decision, the Supreme Court voted 6-3 to allow the school to randomly drug test student athletes. Writing in support of the decision, Justice Anton Scalia compared the school environment to a form of "temporary custody." He explained that the tests were permissible because of the school's serious drug problem and because children, especially student athletes, are entitled to less protection under the 4th amendment than adults are.

Justice Sandra Day O'Connor, writing in dissent, voiced the objections of those against random drug testing. "By the reasoning of today's decision, the millions of...students who participate in inter-scholastic sports, an overwhelming majority of whom have given school officials no reason whatsoever to suspect they use drugs at school, are open to an intrusive bodily search."

The decision went further than a 1985 decision in which the Supreme Court ruled that student lockers could be searched by school officials. In that judgment, however, searches were only allowed if the school officials had some reasonable reason to suspect the student. (For example, an under age student's locker could be searched for cigarettes if they were caught smoking.)

In contrast to its rulings on children, the U.S. court system has only allowed the government to give drug tests to adults if government officials can offer some proof that a drug test will come up positive. They have made exceptions to this rule, however, in allowing random drug testing to train employees involved in crashes, and other positions which have a great effect on public safety.

The Dade County drug policy is has yet to be challenged in court. Speculation on the outcome is widely divided.

RELATED ARTICLE: Drug Tests for Students?

Julia Juarez is a good student. She does her homework, plays on the JV soccer team, and treats others with respect. So why does she have to take a drug test?

The Dade County (Fla.) school district has approved random drug testing of its high-school students. Now, with permission from a student's parents, the school will be able to ask the student to take a drug test at any time.

Unfair to Students

Ben Waxman of the ACLU (American Civil Liberties Union) called the drug tests an "invasion of privacy." Opponents of random drug tests say that the school district's policy is a violation of the Fourth Amendment to the U.S. Constitution. That amendment protects people from "unreasonable searches." Opponents believe the drug tests are unreasonable because they can be done on any student whose parent has given consent, not just on those students suspected of drug use.

Opponents argue that drug testing, if used, should be conducted only if there is evidence that a student is using drugs.

Educating students about the dangers of drugs, opponents say, is a better way to fight drug use.

A Fight Against Drugs

Drug use, say supporters of random drug tests, is a big problem among today's kids. They argue that the tests will discourage some kids from trying drugs and will help parents to find help for those kids already doing drugs.

Supporters also say the tests are not an invasion of a student's privacy, because the results will be given only to that student's parents--not to school officials. Parents, drug test supporters argue, have a right to know whether their child is doing drugs. Renier Diaz de la Portilla of the Dade County school board said the county's random drug testing will allow "total parental empowerment" in the fight against drugs.

Are random drug tests fair or unfair? Will they prevent student drug use? How?

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