Pubdate: Thu, 21 Mar 2002 Source: Chattanooga Times Free Press (TN) Copyright: 2002 Chattanooga Publishing Co. Contact: http://www.timesfreepress.com/index.html Details: http://www.mapinc.org/media/992 Bookmark: http://www.mapinc.org/testing.htm (Drug Testing) Bookmark: http://www.mapinc.org/youth.htm (Youth) A TOUGH DRUG DECISION FOR HIGH COURT No one seems to claim it is "an unconstitutional search" to require school students to be checked to prevent guns from being taken into schools. But with drugs a most serious threat to youngsters, the U.S. Supreme Court this week heard arguments that will require the justices to make a tough decision on checking students for drug use. In 1995, the Supreme Court ruled 6 to 3 upholding a rule in Veronia, Ore., that required student athletes to pass drug tests. The current case involves the requirement by Independent School District No. 92 of Pottawatomie County, Okla., that students seeking to take part in extracurricular activities -- such as band, chorus and Future Homemakers of America -- be drug-free. Oddly in this case, kids who don't aspire to extracurricular activities -- possibly more likely to be drug users -- are not tested. Arguments before the court broadened to involve questions about both limited and general testing. Do tests of students violate the Constitution's Fourth Amendment protection against "unreasonable" searches? Justice Stephen G. Breyer noted, "No one is arrested." It does not seem to be unreasonable or unconstitutional for all students, not just those in some activities, to be required to comport themselves legally. Banning drug use from schools, like banning guns, should be allowed, with general or random tests to be sure. - --- MAP posted-by: Jay Bergstrom