Pubdate: Sat, 06 Jul 2002
Source: Star-Ledger (NJ)
Copyright: 2002 Newark Morning Ledger Co
Contact:  http://www.nj.com/starledger/
Details: http://www.mapinc.org/media/424

NO LOGIC IN SCHOOL DRUG TEST

Combatting drug use by teenagers is a noble cause, one especially important 
for the schools. But imposing unreasonable search policies that 
unnecessarily abuse student privacy rights while doing precious little to 
fight drugs doesn't make sense.

In upholding an Oklahoma school board's decision to test all middle and 
high school students signed up for extracurricular activities, the Supreme 
Court has endorsed exactly such a policy.

The Oklahoma rule runs counter to common sense. Students interested in 
acting in the spring play or singing in the traveling chorus or gaining a 
spot on the chess team generally are not the ones resorting to drugs to 
alter everyday reality. For one thing, they're too busy.

As Justice Ruth Bader Ginsberg said in her dissent, the Oklahoma "policy 
targets for testing a student population least likely to be at risk for 
illicit drugs."

Still, the court said it was okay to single out a specific group, even 
though there is no substantial evidence of a problem with that group. The 
court rejected the notion that the school district needs to show there is 
an identifiable drug abuse problem among those to be tested, and said the 
testing would actually address that problem.

Mere assertion of illicit drug use was enough for Justice Clarence Thomas, 
who wrote the opinion for the five-member majority.

The Oklahoma case represents an expansion of a 1995 decision that approved 
drug testing of athletes. But the facts differ sharply. Athletes under the 
influence of drugs risk injuries to themselves and others on the playing 
fields. In addition, there was evidence that the athletes were the "leaders 
of the drug culture." In that case, it was reasonable to test the athletes. 
(When officials tested 505 students at Tecumseh High School in Oklahoma, 
they came up with three positives. All three were athletes.)

In endorsing the need for the testing, the court said teachers saw some 
students who "appeared" to be on drugs and they heard other teens "speaking 
openly about using drugs." But as noted in the dissent, these claims 
contrasted with federal reports filed by the superintendent, who said drugs 
were not a major problem.

Beyond the lack of reasons to do the testing on a specific group, the 
Oklahoma policy fails because it does nothing to deter drug use. Students 
with a desire for drugs can simply avoid extracurricular clubs and teams.

Principals, superintendents and other leaders have a legitimate 
responsibility to ensure that schools are safe, drug-free environments for 
learning. The Oklahoma policy does not do that.

Unfortunately, the Supreme Court's embrace of it will undoubtedly lead 
others to adopt similar policies. There are 14 million high school students 
across the country. The half of them doing after-school activities could 
soon be forced to show they don't take drugs, even though there is no 
reason to believe they do.
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MAP posted-by: Keith Brilhart