Ehrlinger+Erin

KWL Assignment: Drug Testing in Schools

for the purpose of finding and helping students who are drug users? || There have not been a lot of studies of the efficiency of drug testing. But the few studies that have been done do not show a decrease in drug use. ||
 * What I KNOW || What I WANT to Know || What I LEARNED ||
 * It is a controversial topic in school systems. || Are there any cases that have been or currently are in court? || There were two major cases that changed the way drug testing occurs in schools. They were Vernonia School District v. Acton and is Board of Education v. Earls. ||
 * Many people believe that it is wrong to drug test students in school since they already believe that it’s wrong to drug testing adults in the workplace. || What the rulings were for those cases. || The Acton case allowed schools to test athletes and Earls expanded testing to all students in extracurricular activities. ||
 * Drug testing students is not done only to be able to punish students but allow those students to be able to get help. || Are there any state/federal laws currently regulating drug testing on students? || The main debate is whether drug testing violates students Fourth amendment constitutional rights and their right to privacy. ||
 * It is used as a deterrent to drug use (to keep students from ever starting to use drugs). || Has drug testing students been an effective way to deter drug use? || The court ruled that athletes and students in other activities have diminished rights to privacy because they volunteer to an activity. ||
 * I know how the drug testing in carried out in the drug lab and that analyst must be aware of potential false positive results. || How detailed is the drug testing, what drugs are they testing for? For example alcohol, opiates, steroids etc. || The main method of drug testing in through urinalysis. ||
 * || Is there any group of students being targeted for drug testing? For example student athletes. ||  The case New Jersey v. T.L.O. gave schools the right to search students without probable cause, they only need reasonable suspicion. ||
 * || What in the normal punishment for a student testing positive or does it depend on the drug. || Experts have argued that drug testing programs decrease the number of students who participate in activities and therefore does not reduce drug use. Those students who use just don’t participate in activities. ||
 * || Is testing done for statistical purposes for the school/state/etc, or only
 * || Are students aware that they will be tested when attending a certain school or is it a surprise?

Does drug testing effect students in the classroom? If so in what ways? ||  ||

__Purpose Statement:__ The purpose of the paper is to investigate drug testing of high school students participating in extra-curricular activities and to determine if drug testing reduces drug use. __Thesis Statement:__ Over the past several years, many State Supreme Court rulings have made drug testing students in extra-curricular activities, mainly sports, constitutional with the intent of reducing drug use in schools. But, studies and expert opinions indicate that drug testing has not been a successful deterrent to drug use. Why is it not successful...name the topics you will be explaining. Levine, B. (Eds.). (2009). //Principles of forensic toxicology.// Washington, DC: AACC Press. This was the book that I used for my forensic toxicology class last semester. The part of the text that will be used covers the steps to the urinalysis drug testing. This book also talks about the chances of false positive or false negative results from medications. Madsen, P. K. (1992). Random drug-testing of public school student athletes: A permissible search under the Fourth.. Brigham Young University Education & Law Journal, (1), 97. Retrieved from [] This article takes a closer look at the protocol of how a student is selected for the random drug testing and the steps that follow. This article also talks about the consequences of testing positive.
 * Purpose and Thesis Statement Assignment**
 * Annotated Bibliography/Reference List Note: Be sure book titles and journal names are in italics. Some of the ones below were not, but that may have been a function of the wiki...just wanted to be sure you check it. **

Proctor, T. (2005). Constitutionality of Testing High School Male Athletes for Steroids Under Vernonia School District v. Acton and Board of Education v. Earls. Brigham Young University Law Review, 2005(5), 1335-1367. Retrieved from [] This article focus on the Acton and Earls Supreme Court cases and how they have effected drug testing in schools. Ringwalt, C., Vincus, A. A., Ennett, S. T., Hanley, S., Bowling, J., Yacoubian Jr, G. S., & Rohrbach, L. A. (2008). Random drug testing in US Public School Districts. //American Journal of Public Health, 98//(5), 826-828. Retrieved from [] This article is a study of how many schools in the U.S. are drug testing their students. This study also discusses the reasons for schools conducting the testing. Shamoo, A. E., & Moreno, J. D. (2004). Ethics of research involving mandatory drug testing of high school athletes in Oregon. //American Journal of Bioethics, 4//(1), 25-31. doi:10.1162/152651604773067316 This article discusses the ethical components to the issue. It looks at whether drug testing is ethical in recruitment (you have to take a drug test to be on the team), whether the proper informed consent has been given to the student and parents, and if the results of the test are kept confidential. Yamaguchi, R., Johnston, L. D., & O'Malley, P. M. (2003). Relationship between student illicit drug use and school drug-testing policies. //Journal of School Health, 73//(4), 159. Retrieved from [] This journal article discusses the drug use trends of students and rules that the school has regarding drug use and testing.. A survey of the use of drug of 8th, 10th, and 12th graders were done. The data was analyzed and interpreted to examine if drug testing was being effective. The conclusion was that the Supreme Court believes that the testing is reducing drug use but others believe that the current policies are not effective. The article also talks about what drugs are tested for and the cost of these tests. Young, S. (2010). PIAC (PEE IN A CUP) – The new standardized test for student-athletes. //Brigham Young University Education & Law Journal//, (1), 163-190. Retrieved from [] This article discusses the Supreme Court cases and how they have affected the drug testing of students in schools. This article goes into depth about the Vernonia School District v. Acton case and how it traveled through the District Court to the Circuit Court all the way through the Supreme Court. This was the first cases taken to court about a student being drug tested. The article proceeds by discussing other State court cases that followed the Acton case. This article also defines the Fourth and Fourteen Amendments and how drug testing can be controversial.
 * Paper Outline/Research Paper Draft**

Drug Testing in Schools Introduction Everyone has read the headlines or heard it on the radio. Professional athletes hit with a scandal in newspaper articles with headlines like “Sosa and Palmeiro Cited in Steroid Investigation” (Duff, 2007). Professional athletes are drug tested for steroids and other drugs as part of the job. It’s not just the professionals being tested anymore. Today’s youths participating in sports or other extra-curricular school activities, are also being subjected to drug testing sparking a debate between courts, schools and parents. //Over the past several years many State Supreme Courts have ruled that drug testing of students in extra-curricular activities, mainly sports, is constitutional with the intent of reducing drug use in schools. But studies and experts, as well as parents, believe drug testing infringes on students’ constitutional rights without achieving the goal of deterring drug use.// Background There are several Supreme Court cases that have taken place to determine if drug testing students is constitutional. One of the most important cases is Vernonia School District v. Acton. Vernonia, a town located in Oregon, experienced a rise in drug use during the 1980s (Young, 2010). The rising drug problems also caused negative side effects in the school system. Some of the problems were “increases in the number of disciplinary referrals and suspensions, severe sports-related injuries, as well as overlooked safety precautions at sporting events.” (Young, 2010, p. 168). As a way to help eliminate the drug problem, the school created a policy about drug testing. Students who participated on a sports team were targeted as the group of students to be tested because the school system deemed them as “the leaders of the drug culture.” (Young, 2010, p, 168). When James Acton was in seventh grade, the school refused to allow him to play on the football team after his parents would not sign a release form to allow their son to be drug tested (Young, 2010). Acton’s parents claimed the policy “…violated the United States Constitution and the Oregon Constitution.” (Young, 2010, p. 169). In 1995, the case made it all the way to the U.S. Supreme Court where it ruled that testing student-athletes for drugs was constitutional (Young, 2010). The Courts justification for this ruling was that student-athletes “voluntarily subjected themselves to a degree of regulation even higher than that imposed on students generally” (Young, 2010, p. 170). The second most important case is Board of Education v. Earls. In 1998 the Tecumseh, Oklahoma school district started a new drug testing policy (Young, 2010). The new rules “required all students participating in any extracurricular activities, not just athletics, to consent to testing.” (Proctor, 2005, p. 1352). As in the Acton case, parents argued that this policy violated the students’ Fourth Amendment rights but the Supreme Court ruled that the policy was constitutional (Young, 2010). The Court’s justification was that “the students affected by this policy had a limited expectation of privacy because students who voluntarily participate in school extracurricular activities have a reason to expect intrusions upon their rights and privileges.” (Young, 2010, p. 174). These two cases are important because the Acton case ruled that drug testing students-athletes was constitutional. The Earls case was important because it broadened the laws to allow students in any extra-curricular activities to be tested. Discussion - Outline Fourth Amendment Violations

One of the major arguments made by parents in both Vernonia School District v. Acton and Board of Education v. Earls was that they believed their child’s Fourth Amendment rights were violated. The Fourth Amendment states “ The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause…” (Cornell University Law School). The drug testing in schools in is random and suspicionless. This means that there is no probable cause when an a student is selected to be tested.

- Unreasonable search and seizure - New Jersey v. T.L.O. case with “reasonableness” standard in school searches, but drug testing is a suspicionless searches. - Critics say that drug testing adults in the workforce is wrong so drug testing students (mostly minors) is also wrong.

The Test Process and Privcy Issues (collection, examination of specimen, screening tests (class of drug), confirmatory testing) - Administrators or coaches must be present (outside the bathroom door) when a student has to produce a urine sample. (collection) - This is done to prevent adulteration. - Before drug testing can occur the school officials have to ask the student what medications they are taking further intruding on the student’s private medical history. - Students must remember small details about common medications (aspirin taken for a headache that morning) can cause false test results. - Results of test

Decreased Participation - Only requiring students who participate in extra-curricular activities limit the number of student who sign up for activities. - Students who already participate and use drug are more likely to quit the extra-curricular activity then be drug tested. - Students who test positive are suspended from the school activity. This goes against what experts say will reduce drug use.

Lack of Consistency between Schools - Most schools don’t drug test students. - It is difficult to determine accurate statistics because it is hard to know how many schools are drug testing students. - The cost of the drug test prevents some schools from drug testing. - Who schools test. Some schools only test athletes, some test all students in extra-curricular activities, and others test all students.