Pubdate: Thu, 26 Jun 2014
Source: Sun.Star Cebu (Philippines)
Copyright: 2014 Sun.Star
Contact:  http://www.sunstar.com.ph/cebu/
Details: http://www.mapinc.org/media/1690
Author: Maria Dee Seares-Del Rosario

DRUG TESTING OF STUDENTS

It was reported in the news recently that the Cebu City Council wants
to hold random drug testing among the students in the public high
school. In relation to this, one might ask, "Is it valid and/or
constitutional to subject students to drug testing?"

It is legally valid as Republic Act 9165, otherwise known as the
"Dangerous Drugs Act," provides that "students of secondary and
tertiary schools shall, pursuant to the related rules and regulations
as contained in the school's student handbook and with notice to the
parents, undergo a random drug testing: Provided, That all drug
testing expenses whether in public or private schools under this Sec.
will be borne by the government" (Section 36 c).

The constitutionality of this provision, along with other provisions
of RA 9165, was questioned and put it in issue. The Supreme Court
ruled that this provision requiring mandatory and random drug testing
among students is constitutional.

Applying US cases, the Supreme Court upheld the constitutionality of
the legal provision for the following reasons:

1. Schools and their administrators stand in loco parentis with
respect to their students;

2. Minor students have contextually fewer rights than an adult, and
are subject to the custody and supervision of their parents,
guardians, and schools;

3. Schools, acting in loco parentis, have a duty to safeguard the
health and well-being of their students and may adopt such measures as
may reasonably be necessary to discharge such duty; and

4. Schools have the right to impose conditions on applicants for
admission that are fair, just, and non-discriminatory (Social Justice
Society vs. Dangerous Drugs Board and Philippine Drug Enforcement
Agency, GR 157870 [2008]).
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MAP posted-by: Matt