Pubdate: Mon, 25 Mar 2002 Source: Ft. Worth Star-Telegram (TX) Copyright: 2002 Star-Telegram, Fort Worth, Texas Contact: http://www.star-telegram.com/ Details: http://www.mapinc.org/media/162 Author: Wendy Moses Note: Wendy Moses is a senior at Fort Worth's Paschal High School. Bookmark: http://www.mapinc.org/testing.htm (Drug Testing) TESTING THE LIMITS OF PRIVACY Where does one draw the line? How far into students' privacy will administrators delve? Where in the U.S. Constitution does it say that publicly schooled students are exempt from its protections and guarantees? The issue of mandatory drug testing raises these perplexing questions, and many districts are anxiously awaiting the Supreme Court's ruling on its legality, which likely will not be announced until this summer. Hopefully, the court will not extend 1995's 6-3 decision it issued declaring mandatory drug testing for athletes legal to include students in any extracurricular activity. The justices may as well justify mandatory drug tests for anyone enrolled in school because such a high proportion of students involve themselves in at least one, if not more, extracurricular activity. Nearby districts, including Azle, Aledo, Burleson and Joshua, require mandatory drug testing for students in any extracurricular activity. One reason larger school districts, such as Fort Worth, have not implemented a similar policy is a tight budget. The districts are - or should be, in cases such as Tecumseh, Okla., where the burden currently falls to students, according to the American Civil Liberties Union - responsible for covering all drug test expenses. Moreover, it is in these larger districts with a high component of inner-city students with inner-city problems that drug use is more likely to pose a significant problem but that are least likely to have the funds necessary for the testing, let alone a support or rehabilitation program. Without some type of assistance program, a positive drug test would hurl a student further into the "drug culture" that Justice Anthony M. Kennedy expressed contempt for. To expel students from their choice extracurricular activities - in many cases a passion for art, debate or sports - leaves them out on the streets after school instead of in a controlled environment. This only worsens the problems presented by the drug world. School provides a place of refuge, a haven where any student should be welcomed and encouraged to pursue positive influences and experiences. Conservative justices want to keep "the druggies" out of school, but this viewpoint exposes their naivete of the situation. The justices should want to keep them in school where administrators, teachers and extracurricular programs can guide the students to a less destructive and more productive path. Justice Stephen Breyer compared using metal detectors for the purpose of keeping guns off campus to random drug testing by emphasizing that in neither case is there individualized suspicion. The difference is that a student with a deadly weapon poses a threat to everyone else in the building, but a student on drugs generally only poses a threat to his or her personal well-being. To require students to walk through metal detectors is to protect the lives of others, but to require random drug testing is to overstep the right to privacy. If random drug testing crosses the line, what about testing in a situation where reasonable suspicion of drug use exists? This, too, would fail to mitigate the gravity of the implications of testing concerning a student's right to privacy. Furthermore, such action would require unwavering trust in the administration's opinion in each case. It is both unreasonable and improbable that a majority of students would trust staff members to make unbiased decisions regarding who's next to be subjected to providing a urine sample. The court's 1995 opinion on drug testing for athletes was based heavily on the fact that engaging in strenuous activity while under the influence of illegal substances can cause deleterious effects and even death. Though the tests remain an invasion of privacy, this point is at least justifiable. What, though, is potentially dangerous about an extracurricular activity not involving great physical exertion? Nothing. There is no justification for randomly testing a student devoting time to a respectable activity. The Supreme Court has affirmed the right to privacy, yet it has a history of failing to uphold students' privacy rights. This is its opportunity to break away from precedent and prove that it doles out justice rather than supporting infringement into the personal lives of citizens. - --- MAP posted-by: Ariel