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News (Media Awareness Project) - US OH: OPED: Schools Can't Barter Students' Rights
Title:US OH: OPED: Schools Can't Barter Students' Rights
Published On:2006-07-29
Source:Cincinnati Enquirer (OH)
Fetched On:2008-08-18 05:09:35
SCHOOLS CAN'T BARTER STUDENTS' RIGHTS

When I first read of Milford High School's plan to drug-test students
who participate in extracurricular activities and/or apply for parking
permits, I thought Hamilton County Sheriff Simon Leis Jr. must have
been elected Milford's superintendent.

Nevertheless, I vehemently disagree with the program both on common
sense principle and hypothetical legal precedent, respectively.

First, on hypothetical legal precedent, the Fourth Amendment to the
Constitution of the United States guards against search and seizure of
property without warrant or probable cause to believe a criminal
misdeed has been committed. Here, the U.S. Supreme Court has derived a
general and inalienable right to privacy.

Now consider this trans-contextual precedent of bartering rights for
privileges. If public schools can barter the students' right to
privacy off campus in exchange for the privilege of parking on campus,
then why can't the state of Ohio barter private citizens' right to
privacy in exchange for equally irrelevant adult privileges? Suppose
the Ohio Bureau of Motor Vehicles required a search of an applicant's
home and property in order to obtain an Ohio driver's license. Such a
program would surely be derided as big government run amok, or perhaps
an example of a despotic agency overstepping its intended bounds.

For these reasons, I hope we as responsible citizens will never barter
our rights in exchange for basic privileges, and neither should we
afford such authority to lesser public institutions, including Milford
High School.

Second, on common sense principle, students who choose to participate
in extracurricular activities aren't on the streets. By denying them
the opportunity for cohesive community behavior, Milford High School
could alienate the students, stunt their chances of being admitted to
college and give them more free time to engage in "deviant" social
activities.

But all these hypothetical consequences aside, I believe the primary
concern for the child's welfare, behavior and chemical sobriety should
lie with the parent(s), and not the state. By this sentiment, if
Milford High School wants to offer optional drug tests at the behest
of individual parent(s), that's fine. But in the end, schools are
meant for teaching, not proactively policing our youth.
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