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Friday, March 14, 2008
In an important blow to the White House’s
efforts to expand student drug testing around the country, the
Washington State Supreme Court on Thursday, March 13, 2008, unanimously
held that the Wahkiakum School District’s student drug testing policy
targeting student athletes is unconstitutional and violates students’
rights under the Washington State Constitution.
The Drug Policy Alliance was joined by
the Washington Education Association (WEA) in contributing to this
important decision by filing an amicus curiae
(friend-of-the-court) brief arguing that random student drug testing is
unsupported by scientific research, may deter students from
participating in extracurricular activities, undermines trust in
student-teacher relationships while creating a hostile school
environment and may evoke oppositional behavior in students who may try
to “beat” the test, among other concerns.
“The Washington State Supreme Court
should be praised for making a principled decision based on the State’s
constitution that random student drug testing is a serious and
unwarranted intrusion by the state on the bodies and privacy of
students,” said Jennifer Kern, Research Associate with the Drug Policy
Alliance. “The decision, while grounded in constitutional principles, is
all the stronger for coinciding with good public policy. Random student
drug testing is ineffective, unreliable and counterproductive. Such
programs waste valuable resources and distract from developing proven
interventions that prevent and reduce harmful drug use by students.”
In a concurring opinion, Associate
Justice Madsen cited the public policy objections to testing raised in
the amicus brief, stating, “As pointed out by the Washington Education
Association and Drug Policy Alliance in their amicus brief, drug testing
may actually be counterproductive, as participation in athletic
activities is itself an important factor in discouraging drug use and
the drug testing program may actually discourage such participation,
isolating students from healthy activities.”
The ACLU of Washington represented the
parents and students in the Wahkiakum School District. |
