A hot topic of discussion amongst parents, students and
teachers these days is school drug testing, a debate with many pros and cons.
Proponents of school drug testing claim the main purpose of
random testing is to prevent kids from ever using drugs not to catch them using
them, illegal or not. If by testing the athletes or other school leaders,
we can get get them to say no to drugs, it will be easier for other kids to say
no. The issue of peer pressure is very strong and it's the greatest cause
of kids experimenting with drugs.
On the other hand, one of the fundamental features of our legal system is
that we are presumed innocent of any wrongdoing unless and until the government
proves otherwise. Random school drug testing of student athletes turns this
presumption on its head, telling students that we assume they are using drugs
until they prove to the contrary with a urine sample.
"If school officials have reason to believe that a particular student is
using drugs, they already have the power to require that student to submit to a
drug test," said ACLU-NJ Staff Attorney David Rocah.
The constitutional prohibition against "unreasonable" searches also embodies
the principle that merely belonging to a certain group is not a sufficient
reason for a search, even if many members of that group are suspected of illegal
activity. For example, even if it were true that most women with red sports cars
were drug users, the police would not be free to stop all women who drive red
sports cars and search them for illegal drugs.
Students who participate in athletics, music programs and after-school
activities could increasingly be subject to random drug testing under a program
promoted by the Bush administration. There are some parents, teachers and school officials who are calling it a
heavy-handed, ineffective way to discourage drug use that undermine trust and
invades students' privacy. In many workplaces and in the military, there's been drug abuse testing going
on, but courts have ruled that public schools cannot impose random tests on an
entire student body.
However, the Supreme Court ruled in 1995 that schools could randomly test
student athletes who are not suspected of drug use. In 2002 it was ruled that
all students who participate in voluntary activities, like cheerleading, band,
or debate, could be subjected to random tests as well. Since then, the Bush
administration has spent $8 million to help schools pay for drug testing
programs. The White House hopes to spend $15 million on drug-testing grants in
the next fiscal year.
There are about 600 school districts in about 15,000 nationwide that use drug
tests, according to officials from the White House Office of National Drug
Control Policy. White House officials liken drug testing to programs that screen
for tuberculosis or other diseases and said students who test positive don't
face criminal charges.
Others believe that if parents would just take the time to
talk with their teenagers about drug abuse and if they suspect their teen is
abusing drugs, the parents need to take actions beginning in the home. There are
many teen drug testing home kits on the market these days. If parents upheld
their roles as parents, then teachers, coaches and the government wouldn't need
to step in and push the issue of school drug testing.