Urineschool: A study of the impact of the Earls decision on high school random drug testing policies

Journal of Law and Education, Jul 2003 by Conlon, Cynthia Kelly

2. The Experienced Tester

Both principals of the schools that have been randomly testing athletes for five years are strong supporters of random drug testing. Both believe that the policy has a deterrent effect but neither school has collected any data to confirm this view. One principal volunteered that his view about the deterrent value of random drug testing is shown anecdotally by the fact that few students who test positive ever test positive again. Both believe that random drug testing helps insure student safety at school, and both believe that there is no better approach. Only one principal supports expanding the program to students in extracurricular activities, however. The other principal believes that testing athletes is sufficient to serve as a deterrent because athletes are the peer leaders at his school. Both principals have been questioned by many other administrators about their experiences with random drug testing and proudly regard themselves as "experts" in this area. When asked, they are pleased to visit other schools and urge them to follow in their footsteps to institute random drug testing.

3. The Testing Wanna-Be

Two principals fall into this group, strongly supporting random drug testing but as of yet unable to convince their school boards to adopt this policy. Both are convinced that their students are using drugs in large numbers and that their health is in serious danger. One school has recently begun to use breathalyzers and saliva sticks where there is reasonable suspicion that the student is using drugs. As this principal tells the students, "If you're using, I hope we catch you. We're happy to find out because it will let us find a way to help [you]." He would like to expand the program to include random drug testing but parents are opposed: "parents are very protective of their children, sometimes even to the detriment of their physical health." This principal would even support testing for all students. "Why shouldn't we aggressively address the issue? My approach is that while they are at school, they are my kids and I am like their dad." The other principal is just as enthusiastic, also wishing to test all students. He sees a "slim to none" chance of actually implementing random drug testing in his district, however. The coaches oppose it because they do not want to have athletes miss games and the parents are also opposed: "a drug testing program would fly in the face of students whom parents would back."

4. The Reluctant Tester

One principal was in the unusual position of being new to a school in which there was widespread community support for testing. This principal described himself as personally undecided about his support for Earls, but, listening to the tone of his general comments, it seems that he was probably opposed but unwilling to reveal his own views. Worried about an increase in drug use among local high school students, the village board had recently passed a resolution requesting the police to start canine patrols at the high school to search for drugs. The school board refused to allow this type of mass search on legal grounds but did implement a new policy permitting random testing of students who had been disciplined for drug violations (thus far only seven students). The board is currently reviewing the idea of random drug testing on a wider basis. The principal, who only recently waded into this political swamp, was cautious in his remarks. He said that the district was planning to collect data to determine the effectiveness of any random drug testing program. He also noted that the school currently conducts surveys to assess the level of student drug use and that he estimates that about 60% of the students are using. He sees the major problem with testing as deciding what to do with the results. If the students see the school as a police state, where the school says "got you!" but can't (or doesn't) provide the necessary assistance, then he will not view testing as beneficial.