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Supreme Court Supports Random Drug Testing Of Students

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feldman_amy Amy Feldman
Amy E. Feldman is a business commentator and legal business...
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By Amy E. Feldman

PHILADELPHIA (CBS) - Can a public school randomly drug test its students?

The parents of a 14-year-old Pennsylvania girl had simply had enough of the school’s random drug tests. After she took – and passed – five drug tests in three years, the parents refused to sign the permission slip giving the school permission to conduct the tests anymore. As a result, the girl, was not allowed to participate in the Junior National Honor Society.

Is the school really allowed to give her drug tests or refuse to let her participate in school activities? The answer is yes.

The Fourth Amendment says that a person can’t be subject to an unreasonable search and seizure by public officials. But, the US Supreme Court decided that it will allow random drug tests for all public middle and high school students participating in extracurricular activities.

While the school district probably intended its policy to prevent kids from trying drugs – or get them into treatment if they did – the unintended consequence in this case prevented the participation of a straight A student in an extracurricular honors program.

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