reebokii24
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Drug Testing For School Extracurricular Activities
Dear Editor,
Over the past few years there has been debate about drug and alcohol testing for students taking extracurricular activities. Most debates are based on the constitutionality of the testing, but other debates are specified to which types of programs are constitutional. I believe that drug testing in certain types of extracurricular activities is unconstitutional. I also believe some of the portions of existing policies in schools around the nation are unconstitutional.
“In our system, state-operated schools may not be enclaves of totalitarianism. School officials do not posses absolute authority over their students. Students in school as well as out of school are ‘persons’ under the Constitution.” Justice Abe Fortas, Tinker v. Des Moines (1969). The fact that a Supreme Court judge ruled that all students in the public school system are ‘persons’, lays precedent that all students have constitutional rights to some degree. In the fourteenth amendment it declares, “No [governmental organization] shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any [governmental organization] deprived any person of life, liberty, or property...” This means that the fourth amendment completely applies to a student.
The fourth amendment declares that the school cannot search a person or seize his/her property without reasonable cause. Each individual has these rights. This means that if some students are suspected of using drugs, the school does not have the right to search all students. So, if a coach believes he/she saw you using drugs or had “an oath or affirmation” (4th amendment) from an outside source, he/she has the right to search/test you. It is unconstitutional if a coach heard that some of his/her players are using drugs, and he/she searches all merabers of the team.
A Supreme Court decision in 1995 in a case called Vernonia v. Acton said that student athletes can be tested for drugs because athletic programs are voluntary, and drugs have been proven to increase the injury of the individual players and other players. This is constitutional because, as a minor, the state has custody of a student while at school, and neeRAB to ensure the safety of the individual and especially other non-user athletes. Athletics are a privilege not a right, and so the school may perform drug tests. In my school this is covered under a sports contract signed by the student and parent, covering many things including a best drug test. Students have not, as of yet, shown concern in signing the contract.
Athletics might be an exception of a constitutional drug test for extracurricular activities. This is not the case with academic extracurricular activities. At Tecumseh High School in Oklahoma, a mandatory drug test must be performed to join certain programs like chorus, debate team, model state, etc. This is unconstitutional because many of these activities are accompanied by school courses and they are educational. Under the constitution all students living in the United States have a right to a free and equal public education. Meaning that a student wanting to participate in an academic activity (curricular or extracurricular) has the right to participate in that activity regardless of drug usage. Of course, the student is not exempt from the penalties incurred in using an illegal substance. The Supreme Court decided that the right to an equal educational opportunity is one of the most valuable rights of a student in a case called Brown v. Board of Education, and so a student should definitely not be barred from academic experiences.
Another unconstitutionality occurs in Rush County, Indiana. Any student who fails a drug test or even declines to take it is barred from all after-school activities including dances and concerts, and cannot drive to school. We have already demonstrated the point that, in an academic activity, an individual cannot be subjected to a drug test unless that individual student is suspected of having used an illegal substance. Indiana’s drug policy breaks yet another amendment. Every person is innocent until proven guilty. If a student exercises his/her right to refuse a drug test for an academic activity, then that person can not be subjected to the punishment of a guilty person. The policy is even unconstitutional for athletics, because the student has a right not to participate in the sport. If he/she does not agree with the terms of gaining access to a voluntary activity, then he/she should not pay the punishment of someone found guilty of using drugs and/or alcohol. This policy in Indiana is the most disturbing to me, and definitely conflicts with the Supreme Court decision that, “In our system, state-operated schools may not be enclaves of totalitarianism.”
It neeRAB to be remerabered that every student has some degree of Constitutional rights. While drug testing in voluntary athletic activities may be constitutional, testing in academic activities is clearly unconstitutional. Most schools impose constitutional drug policies, but those who don’t set a bad example to America’s youth about their liberties as US citizens. Students across the nation must learn the rights they have, and stand up for them whenever they are oppressed.
Dear Editor,
Over the past few years there has been debate about drug and alcohol testing for students taking extracurricular activities. Most debates are based on the constitutionality of the testing, but other debates are specified to which types of programs are constitutional. I believe that drug testing in certain types of extracurricular activities is unconstitutional. I also believe some of the portions of existing policies in schools around the nation are unconstitutional.
“In our system, state-operated schools may not be enclaves of totalitarianism. School officials do not posses absolute authority over their students. Students in school as well as out of school are ‘persons’ under the Constitution.” Justice Abe Fortas, Tinker v. Des Moines (1969). The fact that a Supreme Court judge ruled that all students in the public school system are ‘persons’, lays precedent that all students have constitutional rights to some degree. In the fourteenth amendment it declares, “No [governmental organization] shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any [governmental organization] deprived any person of life, liberty, or property...” This means that the fourth amendment completely applies to a student.
The fourth amendment declares that the school cannot search a person or seize his/her property without reasonable cause. Each individual has these rights. This means that if some students are suspected of using drugs, the school does not have the right to search all students. So, if a coach believes he/she saw you using drugs or had “an oath or affirmation” (4th amendment) from an outside source, he/she has the right to search/test you. It is unconstitutional if a coach heard that some of his/her players are using drugs, and he/she searches all merabers of the team.
A Supreme Court decision in 1995 in a case called Vernonia v. Acton said that student athletes can be tested for drugs because athletic programs are voluntary, and drugs have been proven to increase the injury of the individual players and other players. This is constitutional because, as a minor, the state has custody of a student while at school, and neeRAB to ensure the safety of the individual and especially other non-user athletes. Athletics are a privilege not a right, and so the school may perform drug tests. In my school this is covered under a sports contract signed by the student and parent, covering many things including a best drug test. Students have not, as of yet, shown concern in signing the contract.
Athletics might be an exception of a constitutional drug test for extracurricular activities. This is not the case with academic extracurricular activities. At Tecumseh High School in Oklahoma, a mandatory drug test must be performed to join certain programs like chorus, debate team, model state, etc. This is unconstitutional because many of these activities are accompanied by school courses and they are educational. Under the constitution all students living in the United States have a right to a free and equal public education. Meaning that a student wanting to participate in an academic activity (curricular or extracurricular) has the right to participate in that activity regardless of drug usage. Of course, the student is not exempt from the penalties incurred in using an illegal substance. The Supreme Court decided that the right to an equal educational opportunity is one of the most valuable rights of a student in a case called Brown v. Board of Education, and so a student should definitely not be barred from academic experiences.
Another unconstitutionality occurs in Rush County, Indiana. Any student who fails a drug test or even declines to take it is barred from all after-school activities including dances and concerts, and cannot drive to school. We have already demonstrated the point that, in an academic activity, an individual cannot be subjected to a drug test unless that individual student is suspected of having used an illegal substance. Indiana’s drug policy breaks yet another amendment. Every person is innocent until proven guilty. If a student exercises his/her right to refuse a drug test for an academic activity, then that person can not be subjected to the punishment of a guilty person. The policy is even unconstitutional for athletics, because the student has a right not to participate in the sport. If he/she does not agree with the terms of gaining access to a voluntary activity, then he/she should not pay the punishment of someone found guilty of using drugs and/or alcohol. This policy in Indiana is the most disturbing to me, and definitely conflicts with the Supreme Court decision that, “In our system, state-operated schools may not be enclaves of totalitarianism.”
It neeRAB to be remerabered that every student has some degree of Constitutional rights. While drug testing in voluntary athletic activities may be constitutional, testing in academic activities is clearly unconstitutional. Most schools impose constitutional drug policies, but those who don’t set a bad example to America’s youth about their liberties as US citizens. Students across the nation must learn the rights they have, and stand up for them whenever they are oppressed.