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Thread: Is it legal for a school to require drug testing via urine sample?

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    Regular Member stealthyeliminator's Avatar
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    Is it legal for a school to require drug testing via urine sample?

    I just heard of a school district that is going to require drug testing via urine sample of ALL middle school and high school students before they're allowed to participate in ANY extra-curricular activity or receive a parking permit. To participate or receive a permit, they must sign a consent form to be drug tested, presumably at random with no cited frequency limit. If they sign the consent form and then refuse to provide a sample, they face suspension. My first thougth was "they're going to court." But I guess the catch is that it's only for extra-curricular activities and parking. Obviously manipulative, as what middle or high school student (and their family) would not be heavily inconvenienced by suddenly being prohibited by both of these things? On the flip side, I happen to know this school has a serious drug problem. On the flip flip side, that doesn't justify blanket searches that include individuals for which there is no reasonable suspicion of crime. But wait, they're manipulated into signing a consent form So I guess the question is, can a school "arbitrarily" prohibit individuals from extra-curricular activities and refuse to assign parking permits?

    Edit: I say serious drug problem... It has an "average" drug problem at best, I believe.
    Last edited by stealthyeliminator; 06-23-2013 at 10:14 AM.

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    Regular Member J1MB0B's Avatar
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    Is parental consent required or can students sign consent forms at their own will?

    Do you have a link to an article or something?
    Last edited by J1MB0B; 06-23-2013 at 02:04 PM.

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    Regular Member NavyMike's Avatar
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    In June 2002, the U.S. Supreme Court broadened the authority of public schools to test students for illegal drugs. Voting 5 to 4 in Pottawatomie County v. Earls, the court ruled to allow random drug tests for all middle and high school students participating in competitive extracurricular activities. The ruling greatly expanded the scope of school drug testing, which previously had been allowed only for student athletes.
    cum catapultae proscriptae erunt tum soli proscripti catapultas habebunt

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    Quote Originally Posted by NavyMike View Post
    In June 2002, the U.S. Supreme Court broadened the authority of public schools to test students for illegal drugs. Voting 5 to 4 in Pottawatomie County v. Earls, the court ruled to allow random drug tests for all middle and high school students participating in competitive extracurricular activities. The ruling greatly expanded the scope of school drug testing, which previously had been allowed only for student athletes.
    https://en.wikipedia.org/wiki/Board_...ation_v._Earls
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    Campaign Veteran MAC702's Avatar
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    Quote Originally Posted by NavyMike View Post
    ... the court ruled to allow random drug tests for all middle and high school students participating in competitive extracurricular activities. The ruling greatly expanded the scope of school drug testing, which previously had been allowed only for student athletes.
    Chess clubs have never been the same since.
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    Quote Originally Posted by MAC702 View Post
    Chess clubs have never been the same since.
    And look at what has become of the DEBATE CLUBS!
    RIGHTS don't exist without RESPONSIBILITY!
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    If the above makes me a RADICAL or EXTREME--- So be it!

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  7. #7
    Regular Member stealthyeliminator's Avatar
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    Quote Originally Posted by J1MB0B View Post
    Is parental consent required or can students sign consent forms at their own will?

    Do you have a link to an article or something?
    Yes to the parental consent requirement, if they're under 18.

    Not exactly on the link, I saw a pic of a news paper (real paper) article being shared on facebook. Correction to earlier, the wording is that the consent form is to agree to be subject to the rules and procedures of the drug testing program. Doing a little searching, it looks like a "standard" policy that's available for use, or one that's available through some kind of subscribed service, because I've found some other schools that seem to have the exact same wording in their policies.

    I'm shocked at the court's ruling. I thought for sure they were going down for a huge 4th amendment violation, or something. It could easily result in hardship for many students if they were to be prohibited from parking or any extra-curricular activities. You must, by rule of law, attend this school, but you can't drive here and park on the property unless you consent to unreasonable, suspicionless searches...
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    Last edited by stealthyeliminator; 06-24-2013 at 07:37 PM.

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    Pleasant Grove ISD (Texarkana, TX) just announced this same policy; I don't know how far the news travelled. I'm sure there's a movement afoot to put it in place in every school.

    The local newspaper is subscription only, but some FUQs from the article:

    The district requires drug testing of any students in grades 7-12 who chooses to participate in school-sponsored extracurricular activities or requests a permit to park a vehicle on school property.

    Before a student is eligible to participate in extracurricular activities or to receive a parking permit, the student is required to sign a consent form agreeing to be subject to the rules and procedures of the drug-testing program. If the student is under the age of 18, the studentís parent or guardian is also required to sign the consent form.


    The district will continue to conduct occasional random drug and alcohol searches using dogs. Students found in possession of drugs or alcohol can be placed in out-of-school suspension, Disciplinary Alternative Education Program Placement, or expulsion.


    This is the same school district that used a dog alert (operated by a private security contractor) to find a gun in a student's car, then arrest him. They charged him with "having a weapon on school property", an offense that doesn't exist in Texas law. After it was pointed out that he had broken no Texas law, the charges were dropped, but he was still expelled and sent to alternative school for the year.

    PG, by the way, is the "nice" school district in Texarkana. It's the rich school. If there are drugs, I'm sure it's what is found in most rich schools: a little bit of pot, and swapping Ritalin and other prescription drugs, while the kids sit alone in the McMansions both parents work 80 hours a week to pay for.

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    Quote Originally Posted by MAC702 View Post
    Chess clubs have never been the same since.
    I agree ... speed chess has never reached the same level of intensity since ...

    But this subject is one which SCOTUS got it all wrong....ALL WRONG

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    Quote Originally Posted by davidmcbeth View Post
    But this subject is one which SCOTUS got it all wrong....ALL WRONG
    They have gotten almost every ruling wrong when it comes to student rights. They support school powers in loco parentis even when the actual parents couldn't do the same thing. .

  11. #11
    Regular Member Maverick9's Avatar
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    Quote Originally Posted by MAC702 View Post
    Chess clubs have never been the same since.
    Funny, but drug tests were introduced at international chess tournaments in 2001. Beta-blockers, ADHD medications, caffeine to name a few have been rumored to be used.

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