SCHOOLS SHOULD USE CARE WITH DRUG TESTS

The Issue: The U.S. Supreme Court Indicated it Will Approve Drug Testing of
Students Involved in Extracurricular Activities

EXPANSION of random drug testing in high schools beyond student athletes is
likely to win approval in the U.S. Supreme Court, but school systems should
be wary in taking such actions to combat drug abuse. The urine tests are a
highly intrusive measure with potentially damaging consequences in a
society that values dignity and privacy.

Extracurricular activities, especially sports, can offer motivation for
students to refrain from using drugs. It would be a shame if students were
to deprive themselves of that influence because of privacy concerns or to
avoid being caught experimenting with drugs.

The high court ruled earlier that a school could randomly test high school
athletes for drug use, finding such tests to be reasonable within the
meaning of the Fourth Amendment, which prohibits unreasonable searches.
Justices heard arguments this week in the case of a rural Oklahoma school
district that requires middle and high school students to pass drug tests
in order to participate in any extracurricular activity, from chorus to
band to the Future Farmers of America. The justices indicated they will
approve of such searches.

Although drug abuse among Hawaii high school students has declined slightly
in recent years, a survey showed half the seniors and one- third of
sophomores have tried marijuana, and the use of Ecstasy, an
amphetamine-based hallucinogen, is on the rise. State officials who
conducted the survey recommended strengthening school-based prevention
programs, among other things, to combat the problem.

Justice Antonin Scalia suggested that drug tests are justified because
school districts are "trying to train and raise these young people to be
responsible adults." However, the constitutional rights of a class of
people who have not reached voting age should not be treated in an inferior
way.

The court, in a 6-3 vote, found seven years ago that student athletes could
be tested because they are seen as role models and are at risk of injury if
playing while on drugs. Extending drug tests to students in other non-class
activities does meet that standard, but Justice Stephen G. Breyer, who
voted with the majority in the previous case, said he could see no more
than "a millimeter of light" in differences between the two cases. Remarks
by other justices suggested the previous majority would hold together.

About 5 percent of schools nationwide have performed drug tests on student
athletes, and about 2 percent have tested students involved in other
extracurricular activities. The Indiana Supreme Court ruled only two months
ago that students who drive to school can be included in the testing. Many
schools across the country seem to be awaiting clarification on the issue
by the nation's highest court.