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. - --- MAP posted-by: Keith Brilhart