Pubdate: Tue, 19 Mar 2002
Source: Oklahoman, The (OK)
Copyright: 2002 The Oklahoma Publishing Co.
Contact:  http://www.oklahoman.com/
Details: http://www.mapinc.org/media/318
Author: Associated Press
Bookmark: http://www.mapinc.org/testing.htm (Drug Testing)
Bookmark: http://www.mapinc.org/youth.htm (Youth)

SUPREME COURT HEARS STUDENT DRUG TEST ARGUMENTS

WASHINGTON -- A rural Oklahoma school district took a sensible approach to 
stemming what it saw as the general problem of drug use among students when 
it required drug testing before students could participate in after-school 
activities, the school lawyer argued to the Supreme Court Tuesday. Several 
justices seemed ready to agree with the school that the random drug tests 
are constitutional even though the school had reported no widespread drug 
problem in the past and there was no reason to suspect the students in band 
or 4-H of using drugs.

"You think life and death is not at issue in the fight against drugs?" 
Justice Antonin Scalia barked at an American Civil Liberties Union lawyer 
challenging the tests.

Justice Stephen Breyer suggested the policy was a reasonable response to 
dangerous drug use among young people nationwide, and in keeping with the 
court's landmark 1995 ruling that schools could test athletes for drugs.

The Tecumseh school "did what I would have done," Breyer said. "I would 
have asked my kids what's really going on in the school."

The court's ruling, expected by summer, should fill in a major question 
left from the 1995 ruling: whether the factors that made drug testing 
acceptable for athletes apply to other after-school activities, or even 
students at large.

Wider drug testing remains relatively rare among the nation's 15,500 public 
school districts. Lower courts have reached differing conclusions about the 
practice.

Former student Lindsey Earls and others backed by the ACLU claim that such 
"suspicionless" drug tests violate the Constitution's guarantee against 
unreasonable searches or seizures.

The National Education Association, the American Academy of Pediatrics and 
the National Organization for the Reform of Marijuana Laws are among the 
other organizations supporting the students. The libertarian Cato Institute 
and the conservative Rutherford Institute are also on board.

Tecumseh school administrators claim the random tests were a deterrent. If 
students wanted to represent the school in extracurricular activities, they 
might think twice about using drugs, the school argued. The Bush 
administration and a long list of organizations, including the Drug-Free 
Schools Coalition and the National School Boards Association, are backing 
the school system.

Solicitor General Theodore Olson, the administration's top Supreme Court 
lawyer, pointed to a 2000 government survey in which 54 percent of high 
school seniors reported some illegal drug use in their lifetime. Nearly 25 
percent said they had used drugs within the last month.

"School children are not only more vulnerable to drug use than adults, but 
such abuse is much more likely to devastate their lives," Olson wrote in a 
friend-of-the-court brief.

A federal court initially rejected Earls' suit, but a federal appeals court 
ruled the other way last year.

In its appeal to the Supreme Court, the school argued that the lower court 
drew the wrong conclusions from the 1995 athlete case, and that its ruling 
conflicts with other appeals courts around the country.

The Tecumseh testing program ran for part of two school years. It was 
suspended after Earls sued.

Only children involved in competitive extracurricular activities were 
tested on the theory that by voluntarily representing the school, they had 
opened themselves to greater scrutiny than other students.

The policy covered a range of voluntary clubs and sports, including the 
Future Farmers of America club, cheerleading and football. Students were 
tested at the beginning of the school year. Thereafter, tests were random.

Overall, 505 high school students were tested for drug use. Three students, 
all of them athletes, tested positive, Earls' lawyer said. Two of the 
athletes also participated in other extracurricular activities.

The school offered drug counseling after a positive test, and those who 
complied could remain on their teams. Those who refused were barred from 
competition.
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MAP posted-by: Beth