Student Drug Testing
As more schools move towards random student drug testing, school districts find themselves in an interesting dilemma. What should policies cover in drug testing students? How far can a school go to keep its students safe, yet protect their privacy? Find out how to navigate through the quagmire by tuning into NSBA's online discussion on the legal implications of student drug testing. The discussion will take place during NSBA's Annual Conference, Sunday, April 15, at 6 p.m. ET/3 p.m. PT. NSBA Staff Attorney Lisa Soronen will provide expert information and answer your questions.
Lisa Soronen writes:
Good afternoon everyone. We are about to start the online discussion on student drug testing.
A school attorney from St. Louis, Missouri asks:
Have the courts addressed a challenge to voluntary random drug testing of ALL students or drug testing of individual students based on reaonable suspicion by a public school district?
Lisa Soronen writes:
As of today the US Supreme Court has not heard a case related to random drug testing of ALL students. In the Vernonia case in 1995 the Supreme Court approved random drug testing of student athletes in certain circumstances. In the Earls case in 2002 the Supreme Court approved random drug testing of students participating in extra curricular activities in certain circumstances. The Supreme Court has not taken a student drug testing case involving reasonable suspicion drug testing.
A school board member from San Francisco asks:
How common is student drug testing?
Lisa Soronen writes:
NSBA receives press calls all the time asking this very question. Unfortunately there is not currently great statistical information in this question.
Lisa Soronen writes:
However, NSBA has a Federal File document entitled "Student Drug Testing" which summarizes the current research on the topic. Basically, a few studies conclude about 15% of school districts may engage in random drug testing.
Lisa Soronen writes:
If you are interested in reading this document, which contains additional practical information on student drug testing go to
www.nsba.org and type "student drug testing" into the database search function.
A school district administrator from Ohio asks:
Do any states have laws that prohibit drug testing for students?
Lisa Soronen writes:
Actually, it is interesting to note that the Vernonia and Earls decisions involve the federal Constitution. However, most, if not all, state constitutions provide citizen with rights similar to those provided by the 4th amendment to the U.S. Constitution.
Lisa Soronen writes:
School drug testing policies have been challenged under state constitutions in a number of states including Oregon, Pennsylvania, Indiana, Texas, New Jersey, and Washington.
Lisa Soronen writes:
Most of these challenges have been unsuccessful. However, the Pennsylvania Supreme Court has recently held that a school district random drug testing policy applicable to students participating in extra curricular activities violated the state's constitution.
A school district administrator from Arizona asks:
What kind of penalties are appropriate for students who test positive?
Lisa Soronen writes:
In both Vernonia and Earls, students who tested positive for drug use were suspended from participating in either sports or extra curricular activities for a certain amount of time depending on the violation.
Lisa Soronen writes:
It appears to be typical for a school district to also try to offer some kind of assistance to students using drugs or alcohol. In short, the emphasis tends to be on correcting the problem rather than on punishing the student.
An individual from Madison, Wisconsin asks:
What's the reasoning behind school district drug testing?
Lisa Soronen writes:
The reasoning behind a district's decision to drug test may vary. In Vernonia and Earls both districts were concerned about the rise in drug use by students. So, drug testing policies were adopted to deter drug use.
Lisa Soronen writes:
School districts interested in deterring drug use may use other measures than drug testing. For example, in Vernonia the district adopted drug testing as one measure in a more comprehensive approach to deterring drug use, including education about drug use.
A school board member from Seattle asks:
What is NSBA's position on student drug testing?
Lisa Soronen writes:
NSBA does not take a position in its policies, beliefs, and resolutions on drug testing. However, NSBA does support district's efforts to maintain safe and drug free campuses.
Lisa Soronen writes:
NSBA did submit an amicus brief in both Vernonia and Earls supporting the school districts' decisions to drug test. In general, NSBA supports school districts in cases accepted by the Supreme Court where local control is an issue.
A parent from Fargo, ND asks:
Doesn't it violate students' right to privacy to perform drug tests?
Lisa Soronen writes:
As discussed above the US Supreme Court has held that in general a student's Fourth Amendment right to privacy is not violated by random drug testing if the student participates in athletics or extra curricular activities.
Lisa Soronen writes:
However, before implementing a student drug testing policy a school district should talk to its school attorney about state constitution questions and making sure the policy is implemented in a manner that protects student privacy.
Lisa Soronen writes:
Finally, seeking community input before implementing a drug testing program is a good idea.
Lisa Soronen writes:
That wraps up today's discussion. We'll have an archived transcript posted shortly. Thank you for participating.
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