Q&A: INVOLVED KIDS FACE DRUG TESTS

Alex Halpern, legal counsel for the Colorado High School Activities
Association, answered questions from the Rocky Mountain News about testing
students for drugs.

Question: What is the current law regarding the testing of students in K-12
schools for drugs?

Answer: Students may be required to participate in a drug testing program
as a condition of participation in extracurricular activities if there is
evidence of a drug use problem in the school and if the testing is
conducted in a way that respects the students' personal privacy.

Question: What is the significance of this summer's U.S. Supreme Court ruling?

Answer: This summer's ruling clarified that drug testing could be required
for participation in both athletic and non-athletic extracurricular
activities. It also held that drug tests could be required even if there
was no evidence that the group being tested was at a higher risk for drug
use than other students. It does not, however, permit schools to require
all students to take drug tests as a condition of attending classes within
the regular curriculum.

Question: Why does the law seem to be different for students in sports and
other extracurricular activities?

Answer: Until this summer, athletes were treated differently because there
was a higher risk of injury if they used drugs and participated in contact
sports, and because they had a lower expectation of privacy since they
undressed and showered together. In the recent decision, the Supreme Court
clarified that these were not significant differences.

Question: What are my rights as a student or parent to refuse to take such
tests?

Answer: A student may refuse to submit to a drug testing program if he or
she is willing to give up participating in extracurricular activities.