The document discusses the history and legal background of student drug testing in the U.S., highlighting key Supreme Court rulings that have shaped policies around testing student athletes and participants in extracurricular activities. It emphasizes the need for clearly articulated testing policies while balancing privacy rights and due process, noting that not all drug testing practices are legally protected. Additionally, it mentions ongoing challenges and lawsuits against school drug testing policies, illustrating the complexities and varying state laws surrounding the issue.

1. Student Drug Testing William Allan Kritsonis, PhD

2. HISTORY OF STUDENT DRUG TESTING The U. S. Supreme Court ruled drug testing student athletes was constitutional (1995). The NO CHILD LEFT BEHIND ACT, authorized the use of federal funds for random student drug testing (2002). The U. S. Supreme Court ruled schools could test extracurricular participants (2002).

3. Verononia School District v. Acton This is the landmark case that determined only students involved in interscholastic sports were tested and then only after a consent form has been signed .

4. Who are We Testing ? Random drug testing is typically directed at students who want to participate in extracurricular activities, including athletics, which have proven among the most effective pathways to preventing adolescent drug use. However, all too often drug testing policies actually prevent students from engaging in these activities.

5. Student Drug Testing Program A successful student drug testing program must have clearly written testing policies and procedures regardless of whether it is random. The first section should explain why the school needs the SDT program. Next, an introduction or position statement should further define the role and extent of the program. Third, a discussion section should address the technical details, options and procedures that the program will feature. Lastly, the school’s, student’s and parent’s rights and responsibilities should be addressed.

6. Privacy/ Due Process The policy did not violate the students’ privacy rights guaranteed by Article I, Section 9, because the policy was found “minimally intrusive” in that the students could provide a urine, hair, or saliva sample. The purpose for which the test results could be used was limited, and test results were confidential (Educators Guide to Texas School Law p. 373). Further, the policy did not violate the students’ due process rights guaranteed by Article I, Section 19 of the Texas Constitution. (Educators Guide to Texas School Law p. 372).

7. NOT ALL DRUG TESTING IS PROTECTED UNDER THE LAW In 2002, by a margin of five to four, the U.S. Supreme Court in Board of Education of Pottawatomie v. Earls permitted public school districts to drug test students participating in competitive extracurricular activities. In its ruling, however, the Court only interpreted federal law. Schools are also subject to state law, which may provide greater protections for students’ privacy rights. These laws vary greatly from state to state and, in many states, the law may not yet be well-defined by the courts.

8. cont’ Since the 2002 Earls decision, lawsuits have been filed in many states, including Indiana, New Jersey, Oregon, Pennsylvania, Texas and Washington, challenging school districts’ drug testing policies. Most of these school districts will spend thousands of taxpayer dollars battling these lawsuits with no guarantee of success. (Associated Press).

9. U.S. Supreme Court DID NOT Say... The Court DID NOT say that schools are required to test students involved in competitive extracurricular activities. The Court DID NOT say drug testing of all students or specific groups of students outside of those participating in competitive extracurricular activities (i.e. student drivers) is constitutional. The Court DID NOT say it is constitutional to drug test elementary school children. The Court DID NOT say that it is constitutional to test by means other than urinalysis. The Court DID NOT say that schools are protected from lawsuits under their respective state laws.

10. Related Video Steffner_Drug_Testing.mpg

11. References Associate Press (2007). Components of Drug Prevention/not Punishment Steffner Drug Testing. Mpg Walsh, J., Kemerer, F., & Maniotis, L. (2005). The Educator’s Guide to TEXAS SCHOOL LAW , (6. Th ed). Austin, University of Texas Press (pp. 372-373).