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News (Media Awareness Project) - US: Wire: Court Rejects School Drug Testing
Title:US: Wire: Court Rejects School Drug Testing
Published On:2001-03-22
Source:Associated Press
Fetched On:2008-01-26 20:48:36
DENVER (AP) -- A federal appeals court outlawed an Oklahoma school
district's random drug testing of students involved in extracurricular
activities.

The 10th U.S. Circuit Court of Appeals ruled by a 2-to-1 vote Wednesday
that the Tecumseh School Board did not demonstrate a need to use
drug-testing as an admission requirement for all after-school activities.

The policy violates the Fourth Amendment's protection against unreasonable
searches, according to the majority opinion.

A third judge disagreed, saying the decision would require schools to prove
drug use among a group of students before implementing random drug testing.

The appeals panel's decision reverses a federal district court ruling in
March 2000 that upheld the policy, noting the devastating effect of illegal
drugs.

The appeals panel rejected that argument, saying the policy was not
designed with students' health in mind. If it was, then all students, not a
select group, would be tested, the judges wrote.

The 7th and 8th U.S. Circuit Court of Appeals have upheld similar
drug-testing policies.

Tecumseh High School student Lindsay Earls challenged the policy when he
joined the school's show choir, marching band and academic team. Student
Daniel James challenged the policy when he joined the academic team.

The U.S. Supreme Court in 1995 upheld random testing for student athletes.
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