Pubdate: Wed, 25 May 2005
Source: Patriot Ledger, The  (MA)
Copyright: 2005 The Patriot Ledger
Contact:  http://ledger.southofboston.com/
Details: http://www.mapinc.org/media/1619
Author: Andrew Potter
Note: Potter is a student at Boston College High School
Bookmark: http://www.mapinc.org/testing.htm (Drug Test)
Bookmark: http://www.mapinc.org/youth.htm (Youth)

Student drug testing is not the answer Rampant drug use in high schools is 
an escalating problem that needs to be solved in order to create a suitable 
learning atmosphere, as well as for the well-being of the students.

However, Lt. Governor Kerry Healy's proposed random drug testing policy is 
not a solution. As well-intentioned as the plan may be, it violates 
student's rights that are specified in the Constitution.

The proposal violates the First, Third, Fourth and Ninth Amendments that 
protect the right to privacy. The right to privacy was recognized by the 
Supreme Court in 1965 under the Griswold v. Connecticut case, and is 
protected under state laws through the 14th Amendment.

Moreover, random drug testing violates the illegal search and seizure 
clause of the Fourth Amendment. This right has also been recognized by the 
Supreme Court in the case of Sibron v. New York.

Under these constitutional arguments and previous court rulings, the 
proposed random drug testing plan will not succeed if challenged in state 
or federal courts. One loophole in the plan designed to dodge the legal 
standards of the Constitution is to only have students with written 
parental permission be available for testing.

This policy also creates a constitutional problem because no one can sign 
away their rights. This is why parents can sue institutions, such as 
sporting camps, for negligence, even after signing a waiver promising not 
to sue. Other solutions are more viable in this case, such as reducing 
testing to only students if school administrators have a clearly defined 
probable cause. This would prevent violations against the right to privacy 
and illegal search and seizure, as well as prevent possible discrimination 
in random testing. Preventing drug use in schools is important, but not at 
the cost of our Bill of Rights.
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MAP posted-by: Beth