In today's world, the rate of adolescents using drugs are increasing, which lead to high schools and even middle schools are trying to drop the number down to teens using drugs. Some of the United states high schools and middle schools have adopted some sort of drug testing policy. A school in Pottawatomie City adopted a Student Drug Testing Policy, which required all middle school and high school students to submit to a drug test in order to participate in extracurricular activities. This policy caused two students to not participate in an extracurricular activity, causing this case to make its way up to the supreme court. The students and parents felt that their 4th amendment was broken, which was their main argument during the hearing. …show more content…
Justice Thomas delivered the statement ¨ We find that testing students who participate in extracurricular activities is a reasonably effective means of addressing the School District's legitimate concerns in preventing, deterring, and detecting drug use.¨ The court's ruling allowed schools to test students who participate in extracurricular activities in order to prevent, deter and detect drug use. Some people would argue that student drug testing is breaking the students rights to policy, but shouldn't the students be safe rather addicted to a drug or drugs?
Although it seems like the students rights are diminished as they walk into the schoolyard, but the school and school district are only trying to look after children who are not their own. According to John P. Walters, in his article What You Need To Know About Drug Testing In Schools he states ¨Drug and alcohol abuse not only interferes with a student's ability to learn, it also disrupts the orderly environment necessary for all students to succeed¨(Walters). His statement creates an idea of how students become distracted or even more concerned with drugs rather than schooling. Furthermore, his statement points out the necessary environment for students to succeed. The environment is important because if they apply the Tinker test, then a student who cause a major class disruption due to the use of drugs then the student could be penalized.But the problem at hand is whether student athletes should be tested to participate in extracurricular activities. Which brings back up the point of Walters that drugs interfere with students ability to learn. If a student is not able to learn, then that student would not be able to participate in the extracurricular …show more content…
activity. Furthermore, the school district has a responsibility to look after each student or child.
The school district takes on a tremendous responsibility to watch over other people's children, many would expect a safe environment. According to Graham Boyd ¨Just as parents and students can expect schools to offer protection from violence, racism, and other forms of abuse, so do they have the right to expect a learning environment free from the influence of illegal drugs.¨ The learning environment should be safe for everybody. Many people often question what happens if a school does find a student using illegal drugs. The goal of the school district isn't to punish the student, but to stop the use of drugs amongst the students. John Walters wrote in his paper ¨ It is important to understand that the goal of school-based drug testing is not to punish students who use drugs.¨ However consequences would not be a bad idea, for example, the school could limit playing time or suspend the student from extracurricular activities. The punishment could help the student stay further away from drugs. Another responsibility of the school district is to respect the student's rights of privacy. While people say the drug test are an intrusion of privacy, the test results are only shared with the student, parents, and school administrators. According to John Walters ¨Schools have a responsibility to respect students' privacy, so it is vital that only the people who need to know the test
results see them--parents and school administrators, for example. The results should not be shared with anyone else, not even teachers.¨ With this at hand, school districts are solely responsible that the results are only shared between certain people, however, if the student decides to tell his or her friends, then it is out of the school's hand to keep the results a secret. In order for a school to keep the students, they may have to input a drug testing program to decrease the numbers of teens using drugs. A common question that pops up a lot is why would schools choose to drug test the students. Well, drug testing students would help prevent and stop the use of drugs in some of the students because they would want to continue to participate in the school activity. The students wouldn't know when the test appears because it would be randomly done. According to Boyd ¨The expectation that they may be randomly tested is enough to make some students stop using drugs--or never start in the first place.¨ Boyd´s statement points out how students would be too scared to do drugs or scared of failing the drug test. If a student fails a drug test their parents would find out causing a distrust or punishment. Although drug testing is not one hundred percent accurate more test would be followed up after the initial test. For every positive test, the sample would be reviewed by a trained physician and or nurse so they could rule out any prescription drugs. This would allow for few or no mistakes, to prove where the student is innocent or guilty. Now some people feel that the drug testing policy does not demonstrate a drug problem nor promises to benefit students. However, with the policy insured the student benefits would be not using any drugs and saving the student from addiction or a lifetime of drug abuse. Some would ask what about the students future, or what happens if he or she are in sports? Well, the students future would not be in jeopardy because the test result should only be shared between the school administration, the student being tested, parents, and those who conducted the test as said in earlier paragraphs. So the test results would not really have an effect on the student's work history or college applications. Now if the student is in sports they already subject themselves to voluntarily testing in order to prevent sports injuries and keep the program safe and clean. Justice Thomas said ¨students in nonathletic groups voluntarily subject themselves to intrusions in the same way athletes do.¨ Not only do they athletes subject himself but so do other nonathletic groups. However, people still say students have rights in school and out of school. One such right that is brought up a lot in a student right to privacy. “A student’s privacy interest is limited in a public school environment where the State is responsible for maintaining discipline, health, and safety,” Thomas wrote, adding that the urinalysis process was “minimally intrusive.” Therefore the students rights are not being broken. If a student chooses not to submit a test, then he or she are suspected to being using and or they are choosing to sit out of an extracurricular activity.
Vernonia School District v. Acton was a US Supreme court decision that aims to uphold the constitutionality affecting random drug testing implemented by local public schools in Vernonia, Oregon States. This provision mandates student athletes to undergo drug testing before they are allowed to participate in sporting activities. This particular measure established by the constitution stated that it propagates any illegal use of any prohibited substances for students in order to preserve the integrity of the society, in particular with regard to drug use. An official investigation led to the discovery that high school athletes in the Vernonia School District participated in illicit drug use. School officials were concerned that drug use increases the risk of sports-related injuries.
On June 26, 1995, the Supreme Court decided on the case Vernonia School District v. Acton as to whether or not random drug testing of high school athletes violated the reasonable search and seizure clause of the Fourth Amendment. During the 1980's and 1990's there was a large increase in drug use. The courts decision was a strong interpretation of the Fourth Amendment and the right decision upon drug testing high school athletes.
The Supreme Court reversed the decision concluding that Smith et al. were using their religious beliefs and the First Amendment to condone their illegal drug use. In addition the Justices expressed the view that the law applied to the general public, not to just one religious group. Therefore, in a 6-3 decision, the Supr...
There is an ongoing debate over whether or not Welfare recipients should be drug tested to receive the benefits. The lines of reasoning from both sides of this argument have unambiguous points. Those who oppose the idea of drug testing say that it is unconstitutional, and violates the Fourth Amendment. Furthermore, they claim that this law stereotypes and discriminates against the poor
In the Earls vs. Board of education the violation of Fourth Amendment of the US Constitution was mentioned. The Fourth Amendment of the US Constitution states the “right of people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures” .When Lindsay Earls was forced to perform a drug test at her school, the school violated her privacy rights. By law children and teens under the age of 18 are forced to attend school, therefore when Lindsay was a minor she didn’t have a choice. The school doesn’t represent a reasonable reason in order to have performed the drug test. Lindsay was an extraordinary student participating in many extracurricular activities such as Choir, National Honor Society, marching band and an academic team. Drug testing in schools is not required because it shows no improvement to the school, it takes away money from the school for each drug test performed, the drug test aren’t always correct, and drug testing can actually cause emotional trauma on students.
These two court cases are very important in the evolution of the Fourth Amendment in public schools.
While employment screening in the healthcare sector is decidedly standard, the law does often not require drug and alcohol testing. Substance abuse is one of the leading causes of disciplinary action against a nursing license in the U.S. Random drug screenings are used to detect the use of unapproved or illegal drugs for the purpose of upholding patient safety (National Council of State Boards of Nursing, 2006). The American Nurses Association (ANA) estimates that six to eight percent of nurses use alcohol or drugs to a degree that would impair professional judgment (National Council of State Boards of Nursing, 2011). Approximately one-third of the one percent of actively licensed nurses are disciplined each year for their substance misconduct (Kenward, 2008). Protecting patients from unsafe practices and personnel is the primary responsibility of each supervisory board of nursing. However, the fear of punishment from the board or termination keeps many nurses unwilling to come forward (Maher-Brisen 2007). The purpose of this paper is to discuss the viability of mandating random drug testing for nurses and other health professionals. The objective of this would be to address the rooted issues of substance abuse and decrease the risk of harm to patients under the healthcare provider’s care.
“Search and Seizure. Suspicionless Drug Testing. Seventh Circuit Upholds Drug Testing of Student Athletes in Public Schools. Schaill v. Tippecanoe County School Corp., 864 F.2d 1309 (7th Cir. 1988).” Harvard Law Review. 103 (Dec. 1989): 591-597.
In Vernonia v. Acton, the issue in question is the school’s ability to drug test student-athletes. In the mid 80’s, the Vernonia School District noticed an uptick in drug use, and more so from athletes. Furthermore, the football and wrestling coach cited several situations that he felt drug-use was causing the athletes to be unsafe. Thus, the school instituted a mandatory drug test for all student athletes prior to the season, and then weekly random drug testing. If a student-athlete failed a test, they would have the choice of joining a rehab program, or serving a suspension. Suspension of school was never an option, nor were the results reported to authorities. Results were reported to the superintendent, athletic director, and other personnel on a need to know basis.
In many high schools around the country, student athletes are using drugs. “The percent of students that have drunk alcohol is 72.5% while the number of students who have used marijuana is 36.8%” (Report: Nearly Half of High School Students Using Drugs, Alcohol). The students believe that since they are athletes that they do not need to abide by the rules because they feel more superior and that the narcotic will not hurt or affect them. Implementing random drug tests for athletes will create a positive image and not hurt others or themselves. Schools need to have drug tests for student athletes because drugs effect relationships, using drugs have consequences, and lastly they have a major effect on the body.
Some may say that drug testing students is unconstitutional because it is an “invasion of privacy”. This, however, is not true. . . “In 1995, the United States Supreme Court ruled that drug testing for high school athletes was constitutional, and some districts expanded their policies to include middle schools.” I believe allowing schools to drug test athletes was a very positive thing. For many reason, but mainly because athletes who are on drugs have a higher risk of being injured. For example a kid who is on drugs and plays a sporting event has a greater risk of their heart stopping on the field or court. “Drug tests analyze bodily samples such as urine, blood, or hair to detect the presence of legal and illegal drugs.” The most common one is urine testing. I believe urine testing is the best way for high school students, because it does not take as long as some other tests and it is not as costly as other tests. This is especially important because obviously a school does not want to spend money on anything they do not have to. Our school does randomly drug test students every once in a while but only a few of the athletes are chosen to take the test so that really is not helping ...
“A medical dictionary defines a drug as ‘any substance that when taken into the living organism may modify one or more of its functions’” (Newton 12). However, when speaking of drug testing for abuse a person is usually thinking about illegal drugs or drugs that can alter athletic performance in sporting events. Mandatory drug testing was not allowed in public schools until June 2002 when the Supreme Court allowed for public schools to do random drug testing (Carroll 23). This decision allowed for drug testing in all schools throughout the United States not just for athletes but also students who are in any activities within the school, for example clubs and competitive events (Carroll 23). Even though drug testing is now allowed by the Supreme Court many schools do not yet have mandatory drug test policies. Mandatory drug testing for high school athletes should be required because it decreases drug use in schools, is relatively inexpensive, and can prevent drug use and or abuse that can lead to a lifelong addiction.
“By law, every K-12 school in the country receiving federal money must have a drug prevention program starting in Kindergarten. But these programs vary widely, from one-shot assemblies to multi-week courses (Glazer p.657).” One of the popular school based programs is D.A.R.E. known as drug abuse resistance education. This program uses uniformed police officers to teach classes on how to say, “No” to drugs. One of the problems with this program is that it leads to the perception that drugs are a legal issue, rather than a problem in s...
I. Drug testing is meant to help clean our communities and the schools from drug related problems. Drug testing is an easy yet complicated test for many people. Statistics have shows a dramatic decrease of drug use and abuse in between the years of 2000-2006 (University Services, 2009). The U.K.’s country wide drug testing have helped show scientists all over the world the improvements that drugs testing at schools can make.
...ey to getting a good job, but high school students can’t get their education if they are caught up in doing drugs. Over thirty percent of dropouts in the United States are because of drugs. The thirty percent of drug addict dropouts may never find a job. Thats why it is important for high school drug testing to be enforced among all students. High school drug testing would allow early notice of drug use and allow the school to steer the student into the right path towards success. The drug tests will give students confidence and another reason to say “No” when being peer pressured into trying drugs. Many would argue that drug testings invade their privacy, but with drug usage being at an all time high who can we count on? High schools are made to prepare students for their future, and in order to make the students successful we must allow high school drug testings.