The State of the Union Address: ... One of the worst decisions our children can make is to gamble their lives and futures on drugs. Our government is helping parents confront this problem, with aggressive education, treatment, and law enforcement. Drug use in high school has declined by 11 percent over the last two years. Four hundred thousand fewer young people are using illegal drugs than in the year 2001. In my budget, I have proposed new funding to continue our aggressive, community-based strategy to reduce demand for illegal drugs. Drug testing in our schools has proven to be an effective part of this effort. So tonight I propose an additional 23 millions for schools that want to use drug testing as a tool to save children's lives. The aim here is not to punish children, but to send them this message: We love you, and we do not want to lose you....
Albertville Schools to Begin Drug Testing Student Drivers (WAFF.com [AL], January 23, 2004): Students at a high school in Marshall County will now be subject to a random drug test. That is if they want to drive to school. Students at Albertville High School will have to sign a waiver agreeing to comply with a random drug test before getting a permit go park on campus. If they do not sign, they can't drive to school. If a student tests positive, their driving privileges will be revoked. The Albertville School Board hope this will keep drugs and alcohol off school grounds. Dr. Robert Sparkman, Albertville School Superintendent said, "Our public knew that we were soliciting their opinions and I have had not one single person say they did not think that this was something we needed to do." Random drug testing for high school drivers is a growing policy throughout the state. Albertville approved the policy Tuesday night. It now joins Marshall and Blount County School systems with such a rule.
Pa. Lawmaker Wants Drug Testing For All High School Students: A Pennsylvania congressman is proposing to spend $23 million for a national program to test high school students for drugs. Rep. John Peterson says efforts to get youngsters off drugs far outweigh any concerns over their privacy. He says parents would have to opt out if they don't want their children tested. Peterson says test results would only be shared with parents and school officials, not turned over to law enforcement. Courts have previously upheld the right of schools to test students involved in extracurricular activities, including sports, for drug use. Peterson's plan would give individual schools wide discretion in random testing of all high school students.
It's probable that the Alabama plan would survive, while the Pennsylvania plan would be entirely unconstitutional, of course, but it does make really lovely political posturing, doesn't it? The Alabama plan would survive constitutional muster, under the grounds previously established by the Court, because driving and parking on high school grounds can only be considered a privilege, not a right or a duty.
The Pennsylvania plan, however, might have more difficulties. Unless the opinions of Mr Justice Scalia (who doesn't really believe in the constitution except when it suits him) hold sway when/if this makes it to the Court (assuming that it is installed and that there are subsequent lawsuits), it does seem that most of the justices would consider this an unlawful intrusion into what little privacy students are allowed to have. They've allowed random drug testing for extracurricular activities because students choose to participate -- that is, they're privileges, not rights. Education, however, is both a right -- an entitlement you receive as a resident of the state -- and a duty -- the state requires everyone under a certain age to attend either private or public schools. Since it is a duty, the Court may be reluctant to say that the state has the right to force you to undergo that loss of privacy to fulfill that duty.
Or, on the other hand, they could continue on the path they've taken of late, which essentially declares that minor children are chattel of their parents. As long as the parents are allowed to choose to opt their children out of the test, the district may be allowed to proceed. (To be sure, it's only the most basic plan at this point; there aren't any court challenges in progress. But if it passes, there most certainly will be; I should think the ACLU would be launching suits almost before the ink had dried, naming every high school student as a member of a class affected by the action.)
Posted by iain at January 26, 2004 12:07 PM
