Drug Testing in Schools

The presence of random drug testing in schools is commonplace now, but in the 1990's it was the subject of heated debate. The 1985 case of New Jersey v. TLO established a school's ability to warrantless search. The aftermath of this decision can be blatantly seen in our school handbook. Under Searches/Seizures it states that "students have no right of privacy in school property." Any student's belongings can be searched by authorized school personnel. This invasion of privacy was deemed necessary in order to counteract what many viewed as a serious threat to public safety that warranted screening--the prevalent use of drugs and alcohol. Schools experienced rising rates in the usage of these illicit drugs and attempted to combat this problem by removing student's rights. One such school in Vernonia instituted drug testing from 7th grade to 12th grade for anyone who wanted to play a sport. This policy came under scrutiny in Vernonia v. Acton. The Acton family prohibited their 7th grade son from participating in a random drug test so he could play soccer. They declared the policy unconstitutional and an encroachment on an individual's fourth amendment rights. The Actons stated that drug testing was punishing everyone, even those for which the school had no reasonable suspicion they were participating in illegal actions. I personally think that both sides have merit. The Acton's make a good point that it is unfair to punish those who are innocent. Drug testing in middle school seems a little extreme and unnecessary. It would seem much more cost and time-effective to drug test only those who are brought in on suspicion of using drugs or drinking. However, it is a blatant fact that a school's ultimate goal is safety. Therefore, this includes a reasonable expectation that privacy rights will decrease. The Supreme Court ultimately ruled in favor of Vernonia stating that a school is an extension of the governemnt and must promote safety. In the face of illicit activity, this protection of safety can involve decreasing the rights of students. This brings me back to the statement in my handbook that "students have no right of privacy in school property." This is a scary statement. However, it is clear that schools and the outside world are very different and must, therefore, have different rules.