Student drug testing is not the answer Rampant drug use in high schools is
an escalating problem that needs to be solved in order to create a suitable
learning atmosphere, as well as for the well-being of the students.

However, Lt. Governor Kerry Healy's proposed random drug testing policy is
not a solution. As well-intentioned as the plan may be, it violates
student's rights that are specified in the Constitution.

The proposal violates the First, Third, Fourth and Ninth Amendments that
protect the right to privacy. The right to privacy was recognized by the
Supreme Court in 1965 under the Griswold v. Connecticut case, and is
protected under state laws through the 14th Amendment.

Moreover, random drug testing violates the illegal search and seizure
clause of the Fourth Amendment. This right has also been recognized by the
Supreme Court in the case of Sibron v. New York.

Under these constitutional arguments and previous court rulings, the
proposed random drug testing plan will not succeed if challenged in state
or federal courts. One loophole in the plan designed to dodge the legal
standards of the Constitution is to only have students with written
parental permission be available for testing.

This policy also creates a constitutional problem because no one can sign
away their rights. This is why parents can sue institutions, such as
sporting camps, for negligence, even after signing a waiver promising not
to sue. Other solutions are more viable in this case, such as reducing
testing to only students if school administrators have a clearly defined
probable cause. This would prevent violations against the right to privacy
and illegal search and seizure, as well as prevent possible discrimination
in random testing. Preventing drug use in schools is important, but not at
the cost of our Bill of Rights.