High Court Reviews Student Drug Tests |
Posted by FoM on March 19, 2002 at 14:22:36 PT By Anne Gearan, Associated Press Writer Source: Associated Press The Supreme Court is hearing a case that should allow it to clarify questions lingering from its landmark 1995 ruling that public schools may test student athletes for drugs. Lindsey Earls, a top student who had never been in trouble, says her high school had no reason to suspect her of drug use, and no right to demand she submit a urine sample to prove she was clean. The 1998 drug test was a condition of Lindsey's and other students' participation in extracurricular activities at a rural Oklahoma school. Now it is the basis of a Supreme Court case examining the constitutionality of many student drug tests. "It was sort of sprung on us," said Earls, now a freshman at Dartmouth College who sang in her high school choir and participated on an academic quiz team. "I felt strongly about it. That is none of their business." Unanswered then was whether schools may also test students involved in extracurricular activities apart from sports, or even the entire student body. Wider drug testing remains relatively rare among the nation's 15,500 public school districts. Lower courts have reached differing conclusions about the practice. Earls and her younger sister, backed by the American Civil Liberties Union, claim that such "suspicionless" drug tests violate the Constitution's guarantee against unreasonable searches or seizures. The National Education Association, the American Academy of Pediatrics and the National Organization for the Reform of Marijuana Laws are among the other organizations supporting the students. The libertarian Cato Institute and the conservative Rutherford Institute are also on board. Tecumseh, Okla., school administrators have said drugs were a persistent but not widespread problem among their high schoolers. There was no particular reason to suspect students who participated in activities such as the debate team or competitive choral singing, the school said. But the school claimed in court papers that the random tests were a deterrent. If students wanted to represent the school in extracurricular activities, they might think twice about using drugs, the school argued. The Bush administration and a long list of organizations, including the Drug-Free Schools Coalition and the National School Boards Association, are backing the school system. Solicitor General Theodore Olson, the administration's top Supreme Court lawyer, pointed to a 2000 government survey in which 54 percent of high school seniors reported some illegal drug use in their lifetime. Nearly 25 percent said they had used drugs within the last month. "School children are not only more vulnerable to drug use than adults, but such abuse is much more likely to devastate their lives," Olson wrote in a friend-of-the-court brief. A federal court initially rejected Earls' suit, but a federal appeals court ruled the other way last year. In its appeal to the Supreme Court, the school argued that the lower court drew the wrong conclusions from the 1995 athlete case, and that its ruling conflicts with other appeals courts around the country. The Tecumseh testing program ran for part of two school years. It was suspended after Earls sued. Only children involved in competitive extracurricular activities were tested on the theory that by voluntarily representing the school, they had opened themselves to greater scrutiny than other students. The policy covered a range of voluntary clubs and sports, including the Future Farmers of America club, cheerleading and football. Students were tested at the beginning of the school year. Thereafter, tests were random. Overall, 505 high school students were tested for drug use. Three students, all of them athletes, tested positive, Earls' lawyer said. Two of the athletes also participated in other extracurricular activities. The school offered drug counseling after a positive test, and those who complied could remain on their teams. Those who refused were barred from competition. The case is Board of Education of Independent School District No. 92 of Pottawatomie County v. Earls, 01-332. On the Net: Supreme Court: http://www.supremecourtus.gov Appeals court ruling: http://www.uscourts.gov/links.html and click on 10th Circuit. Source: Associated Press Related Articles & Web Sites: Cato Institute ACLU NORML Drug Testing Policy Debated Before Supreme Court Court to Weigh Drug Testing by Schools Home Comment Email Register Recent Comments Help |
Post Comment | |