Should There Be Mandatory Drug Testing in Schools As a Requirement for a Return from A

GOV199905030954

Should there be mandatory drug testing in schools as a requirement for a return from a disciplinary suspension?

Lets take a look at some of the legal aspects of this topic. Now, I’m no lawyer, but a simple internet search led me to find a supreme court case dealing with this very issue. Here is the Judge’s summary of case…

Willis v. Anderson Community Schools In the United States Court of Appeals For the Seventh Circuit Appeal from the United States District Court for the Southern District of Indiana Decided September 9, 1998

CUDAHY, Circuit Judge. In December 1997, high school freshman James Willis was suspended for fighting with a fellow student. Upon Willis' return to school and pursuant to the policy of the Anderson Community School Corporation (Corporation), he was informed that he would be tested for drug and alcohol use. When Willis refused to provide a urine sample, he was suspended again and advised that if he refused to submit to the test upon his return, he would be deemed to have admitted unlawful drug use and would be suspended a third time pending expulsion proceedings. Willis filed suit and claimed, in relevant part, that the Corporation's policy violates the Fourth and Fourteenth Amendments of the United States Constitution. The district court denied Willis' motion for a preliminary injunction and then entered a judgment on the merits in favor of the Corporation. We reverse.

The court of appeals found the testing to be in violation of the fourth and fourteenth amendments. The fourth amendment states…. [read fourth amendment from book]. The key here is “upon probable cause”. In this case the justification for the testing is reasonable suspicion of drug use. So is any suspension a reasonable suspicion?

A prudent person would conclude that while the statistics suggest some relationship between the use of illegal substances and fighting or other infraction of school rules and policies, the relationship is by no means conclusive. Indeed, it varies dramatically depending on how one analyzes the testing results-by school, or grade. And, even more fundamentally, since it is unknown what percentage of a school’s general student population uses drugs or alcohol, it is also unknown whether students who violate other school policies are more likely than their peers to use illegal substances.

In conclusion, mandatory drug testing after a disciplinary suspension is a clear violation of our personal rights.