Drug Testing Should Not Be Allowed In Public Schools

In the case of Vernonia v. Acton the fourth amendment is involved. The fourth amendment states that all people should be secure in their persons, houses, papers and effects against unreasonable searches and seizures. The Vernonia School District found that student athletes were participating in drug use after an official investigation, because of this they began requiring random drug testing for the students to participate in school sports. A student at the school, James Acton, and his parents did not consent to the random testing so he was not allowed to participate in football. Because he was not allowed, it was questioned if random drug testing of the student athletes violated the reasonable search and seizure clause of the fourth amendment.

Drug testing athletes or even just college students is against the students and Linn State’s fourth amendment rights. College students have the right to be secure in themselves, house, and papers. “On the con side of the argument, the American Civil Liberties Union along with with students attending Linn State say that drug testing of all college students is against the law and violation of their fourth amendment right” (Clabaugh 3). According to Jason Clabaugh, students have a right to not be drug tested because of their fourth amendment of having the right to be secure of themselves. Also sometimes test can lead to false positives. “On the con side of testing the college student athlete population, drug tests can often lead to false positives” (Clabaugh 4). Although, it’s likely to be a false positive it might not

New Jersey statute N.J.A.C. 6A:16-4.4 raises a host of legal and financial issues for school district administrators. According to the law, when it comes to random testing of student alcohol and other drug use, districts that decide to do random drug tests must follow certain protocols to ensure students’ 4th Amendment rights are not violated.

By now, four years had passed since the issue had first started. In the end, the court had ruled six to three in favor of the district. The court answered the question of whether or not the student athletes’ Fourth Amendment rights were violated with a strong no. The court claimed that student athletes already subject themselves to more exposure than most other students, and that these drug tests had just as much of a reasonable cause behind them as a vaccine requirement or scoliosis check done in-school. Moreover, the court also stated that the results would only be shared with limited personal, which made the tests arguably more private than what athletes were exposing in their open locker rooms. In their opinion, stated by Antonin Scalia, “We find that the privacy...by the process of obtaining the urine samples (is) negligible, since samples are collected under conditions nearly identical to those routinely encountered in public restrooms. Furthermore, the test looks only for standard drugs not private medical conditions and the results of the test are released only to a limited group of school officials who have a need to know the information. The nature and the immediacy of the government's interest and the efficacy of this means for meeting it, also contribute to our conclusion that the policy is reasonable. The importance of deterring drug use by public school children

2. The Supreme Court established that a warrant isn’t necessary in school due to the fact that students aren’t under the protection of police officers but instead by the school. The court decided that a search is reasonable if a) “specific facts, together with rational inference from those facts, justified the intrusion, and b) the search was reasonably related in scope to the circumstances justifying it. Also, there can be random drug testing for students in school involved in extracurricular activities, and

The reason is schools should be able to search students belongings to make sure they do not contain contraband items such as marijuana, guns, knives ,...etc. But schools should never have the right to search your person even if you are carrying contraband because schools should not have enough jurisdiction. School officials should have to call law enforcement to the school to conduct a proper search on a student that is believed to be carrying contraband. Schools just want a safe environment for teaching and learning so that student can know that they are safe in school and not have to worry about getting in harm's

Mandatory Drug testing within schools reverses the legal principle of innocent until proven guilty and also violates the Fourth and Fifth Amendments of the Constitution. Without suspicion of drug use, there is no probable cause to test student-athletes for drugs, thus violating the Fourth Amendment right to be free from unlawful searches. Drug testing student-athletes without acquiring sufficient evidence to base accusations on, is essentially asking them to provide the evidence of their own guilt which violates the Fifth Amendment right to protect

They cited the Vernonia School District 47J v. Action case , where the Supreme Court ruled that suspicionless drug testing of student athletes was constitutional , the federal district court supported the policy, granting the board’s motion for summary judgment. The Tenth Circuit Court of Appeals , however, they agreed in favour of Earls and James , deciding that the policy did violate the Fourth Amendment . They found that schools “must demonstrate that there is some identifiable drug abuse problem among a reasonable number of those subject to the testing , such that testing a group of students will actually solve their drug problem.” The Tenth Circuit agreed that the school district had failed to meet this requirement. Then the Court agreed that the policy should be kept confidential . Then the Court came to the agreement that the student’s privacy was not important

Many high school athletes oppose to drug testing, because they feel that it is not right. High school athletes shouldn’t be drug tested because it is very costly, a violation of rights, and student athletes won’t be able to play high school sports. In fact to drug test one 400 athletes at an average 24 dollars per student athlete (Ingraham).

Slowly pushing students to become addicts, drug testing high school student athletes may or may not be to blame. In Facts & Statistics on Random Drug Testing of High School Students, Dr. M.H. Davis stated, “In the early 1990s, many school districts began to look into drug testing as a way to curb student drug use, which led to two U.S. Supreme Court cases involving student privacy. The court upheld the constitutionality of drug testing student athletes in 1995, and in 2002, the court expanded high school drug testing policies to include all students who participate in a competitive extracurricular activity. In those rulings, the court stated deterring student drug use was more important than privacy” (Davis). Drug testing high school athletes

Have you ever felt your rights are being taken away? The Hebron Middle School Handbook says, “Four categories of 9-12 students will be the focus of a “testing program” where they will be pulled away to have to take a random drug test that will be sent to the parents with the result and procedure included.” The fourth amendment of the Constitution says that there should be no unreasonable searches. Unless the school has reasonable evidence that a student is using an illegal drug, random drug testing could fall under this amendment. Students may feel they are having their rights taken from them, and they may be more likely to start abusing drugs because they feel disrespected. This rule should be changed before more students feel their rights are being taken from them.

There are many reasons why the school must have drug testing. A student must submit a urine that should be used for detection.(Mo/2011/par.1). The school must have a mission that there should be no drug users in the campus. Everyone must succeed in life. One reason is to preparethe studentsfor profitable employment. They are schools which have advisory councils that are made up of businesses taht would be potential businesses to hire the students that support their expertise. Through this, the school is moving forward toward its mission. If someone is tested positive, there should be no punishment. They have to meet with a counselor and they can participate in an activity which can help in avoiding drug abuse and

A basic argument for the anti drug testing is the simple fact that random drug testing in schools would be an invasion of privacy. The fourth amendment to our constitution which states "The right of the people

Schools should be allowed to drug test children in middle school and high school because it could help prevent the use of drugs, stop the issues corresponding with using drugs, and could lead to better lives. Kids health and futures are greatly affected by drugs, actions should be taken now to deter them away from using or taking drugs.

If health organizations oppose the testing why should it be allowed, obviously health care providers and researchers know what is best for the young adults. These researchers and health care providers spend their lives learning how to better the health of the American people. A few of the organizations that oppose are the: American Public Health Association, National Council on Alcoholism and Drug Dependence, and ACLU . One of the reasons why ACLU opposes is because it is intrusive, also because it is an invasion of privacy to ask a kid to take a drug test . What ACLU believes is what many other organizations believe as well, this testing is an invasion of privacy, and also will be counterproductive and lead students to other destructive things.