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Drug Testing of Students

Drug testing of students most often arises in two circumstances: tests conducted when a school official reasonably believes that a student is under the influence of a controlled substance not permitted by law or school policy, and tests conducted pursuant to a policy permitting random, suspicionless drug tests. Usually, the drugs targeted are those that are considered serious and dangerous, such as marijuana and alcohol, but not nicotine. Likely the most popular test implemented is urinalysis. Other drug tests include searches with breathalyzers and analysis of hair samples. With some limitations in policy and practice, student drug testing is lawful in both suspicion-based and random circumstances.

Suspicion-Based Searches

Suspicion-based searches of students are governed, largely, by the Supreme Court decision in New Jersey v. T. L. O. In T. L. O., a high school teacher discovered two students smoking in a bathroom, in contravention of school policy. The two girls were questioned by the assistant principal. One girl admitted the violation. The other one denied it, and the assistant principal searched her purse and found cigarettes, rolling papers, marijuana, and other contraband that implicated her in drug dealing. The student filed a motion to suppress the evidence, claiming the search violated her Fourth Amendment rights to be free from unreasonable search and seizure.

The Supreme Court upheld the search, rejecting the application of the warrant and probable cause requirement and adopting a two-part “reasonable suspicion” test, also applicable today in suspicion-based drug tests. First, the search must be justified at its inception, meaning that there must be reliable physical or eyewitness evidence that the search will reveal a violation of a school rule or law. Second, the search must be reasonable in scope such that it must be related to the objectives of the search and not excessively intrusive in light of the age and sex of the student and the nature of the contraband and the infraction.

The possession or use of drugs on school property is against school policy as well as in violation of law. So the first step is typically met as long as the information brought to the school administrator leading the search is reliable. The second step is trickier and must be handled with careful watch on privacy rights. For example, school officials should allow the student to produce a desired urine sample in a closed stall. Suspicion-based drug tests may be conducted on any student reasonably suspected of violating drug-related law or school policy (Gutin v. Washington Township Board of Education, 2006).

Suspicionless Tests

Random, suspicionless drug tests are usually reserved for students who participate in interscholastic athletics or other extracurricular activities. The most typical form of drug test is urinalysis; breathalyzers and tests of hair samples are viable, as well. Subject to important policy implications, random, suspicionless drug tests are lawful and do not violate the Fourth Amendment. The Supreme Court heard this basic legal challenge to urinalysis drug tests of students and held in favor of the school in both cases.

In 1995, in Vernonia School District 47J v. Acton, the Court upheld a test applied to athletes in grades 7 through 12. In 2002, in Board of Education of Independent School District No. 92 of Pottawatomie County v. Earls, the Court upheld a similar policy and practice applied to all high school students involved in competitive extracurricular activities. The Earls Court reaffirmed a useful three-part test to scrutinize random, suspicionless student drug testing.

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