Drug Testing and Student Rights

In both the Acton and Earls case the courts determined that testing student athletes for drugs is not unconstitutional because it does not violate a student’s right to privacy. The manner in which these drug tests are administered is very similar to a student using a public restroom. These cases say that students parts of their 4th amendment rights when they enter the school, because these rights might interfere with the schools mission to protect, and educate students. By administering drug tests, the school is attempting to protect its students from a dangerous drug culture that can lead to overdoses. In the Acton case the court states "students within the school environment have a lesser expectation of privacy than members of the population generally" (Vernonia School District v. Acton). In the Earls case the court states "Given the minimally intrusive nature of the sample collection and the limited uses to which the test results are put, we conclude that the invasion of the students' privacy is not significant" (Petitioners v. Lindsay Earls) It also states “in order to override the usual protections of the Fourth Amendment... the safety interest furthered by drug testing is undoubtedly substantial for all children, athletes and non-athletes alike. We know all too well that drug use carries a variety of health risks for children, including death from overdose" (Petitioners v. Lindsay Earls). The court believes that the students shed certain rights when entering the school in order to preserve the safety of all students. I agree with these court rulings because the manner in which the drug tests are conducted, do not violate the students privacy, and the school is still able enforce drug policies without violating the fourth amendment rights that students still have while they are in school, even though those rights are restricted.

I feel in some schools such as the schools where drug dogs searched the school, and the young girl was strip searched, the privacy of the students is violated. Savannah had no drugs on her, and there was no firm proof that suggested she did. The assistant principal unreasonably accused Savannah of possessing drugs, and he searched her because he didn't trust her. These articles suggest that students shed certain rights when they enter school, but they still must maintain their own basic rights to create a balanced and nurturing environment within the school. I believe our rights are balanced fairly in the school. The policies that are set in our student handbook are reasonable and are mostly meant to maintain a safe and nurturing environment within the school.