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Speak Up! - View Question #424 |
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Question: Can a teacher make me take a drug test?
Answer: The one court case addressing this issue found that a school is not allowed to require all students to submit to urine tests for drugs and alcohol. There have been other court cases where schools required drug tests of those who participated in interscholastic programs (football, softball, etc.). In those cases, one court found that the drug testing was justified for those participating in the sports program and three other courts found that it was not justified. Because most courts have found that drug testing in schools was not warranted, it is likely that the testing would not be allowed by most courts, not prohibited.
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| Comments |
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On 01/19/05
Darin from MD said:
Unfortunately, it does not matter what we all think the Supreme Court has ruled twice, once in Vernonia v. Acton 1995 and again in Pottawatomie County v. Earls 2002 that schools CAN conduct random drug tests of students involved in ANY extracuricular activities. Students were not punished for discovery of usage, but were barred from participation and offered counseling and assistance. The court is still undecided about whether random drug testing of an entire student body is legal, however several lower courts have upheld widescale searches of student bodies when they suspect safety concerns
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On 05/12/04
Lauren from AZ said:
Can you be drug tested with out your parents permission
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On 10/09/03
joe from NJ said:
i dont think that there should be random drug tests because students should have the right to do what they do and have the right to keep it to themselves unless they really need help.
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On 03/07/03
Kim from TX said:
I don't engage in unlawful activities. My parents know it. My teachers know it.
The 4th Amendment prevents government officials (public schools are funded by the government) to conduct unreasonable searches or seizures. If anyone ever asked me to participate in a random drug test, I would say no. The answer to your question lies in your school handbook though. Some schools have policies. You can always challenge them though.
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On 09/23/02
jessica from TX said:
i agreee that if teachers are able to give us drug tests then we should be able to give them a test also
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