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The ACLU is at the forefront of the fight
to stop unconstitutional drug testing of students. "First, schools wanted to
test student athletes, then it was students in extracurricular activities, and
now it's students competing in quiz bowls and performing in choir -- where does
it end?" said Graham Boyd, Director of the ACLU's Drug Policy Litigation Project
and lead counsel for the students in Board of Education County v. Earls. "The
district's drug testing policy is more about symbolism than substance," he
added. "Tecumseh officials initiated urine testing without any evidence of a
drug problem at the school and at a time when government reports show that teen
drug use is on the decline nationally."
The ACLU believes student drug testing
policies to be both invasive and counter-productive. Involvement in
extracurricular activities has been shown to be one of the most sure-fire ways
to keep kids out of trouble. Additionally, the ACLU is against unconstitutional
student drug testing because: Cheap Ways To Pass A Drug
Test
This policy violates students' rights to
be free from unreasonable search and seizure, as outlined by the Fourth
Amendment. Forcing a student who is not suspected of wrongdoing to provide a
urine sample, often in the presence of a school official, is an embarrassing and
unwarranted invasion of privacy.
This policy presumes students to be guilty
until proven innocent. Students who randomly are selected to undergo a drug test
must prove their innocence by having a clean urine sample.
This policy does not conform to previous
case law, including Vernonia School District v. Acton, which allows student drug
testing only in situations where the individual student is suspected, or where a
particular group of students is demonstrated to have a level of drug use of
epidemic proportions. In this case, student athletes, who already had a
significantly lowered expectation of privacy because they were subjected to
physical examinations and showered in full view of other team members, were drug
tested. The athletes also engaged in activities where drug-induced injuries
posed a threat to student safety.
This policy is not an effective way of
combating drug use in schools. A drug test is not likely to catch most drug
users. Alcohol and most drugs are virtually undetectable unless the student is
under the influence at the time the test is administered.
This policy may encourage students to use
more dangerous drugs to avoid detection. Because marijuana is the most easily
detectable drug, students may use harder drugs or binge drink, creating greater
health risks.
This policy, when used to screen
particular groups, such as students participating in extracurricular activities,
may actually increase drug use. Students actively participating in
extracurricular activities are less likely to do drugs because they simply do
not have as much free time on their hands. A policy that randomly drug tests
students involved in extracurricular activities may deter other students from
joining these activities and thus give these students more free time in which
they might turn to drugs.
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