Put to the test: do drug tests violate kids' rights?

You've picked out an outfit. You've practiced your moves to "Pump It" in the mirror. You are ready for the school dance. But before you can make your entrance to the opening chords of "Pon de Replay," you have to prove that you haven't been drinking or using illegal drugs.

Across the country, students are being asked--in some cases, forced--to take Breathalyzer and urine tests before being allowed to participate in school activities such as sports or academic teams. Some policies extend to all school activities.

Educators say the tests strengthen "zero tolerance" drug and alcohol policies. But does mandatory testing violate students' civil fights?

The Fourth Amendment to the U.S. Constitution protects citizens from unreasonable searches and seizures. In 2002, however, the U.S. Supreme Court upheld the fight of schools to randomly test students in competitive activities for drugs. Whether that extends to all student functions remains in question.

Keeping Drugs at Bay

In El Dorado, Kan., students who participate in any extracurricular activities are now subject to random drug testing. El Dorado school officials say the new policy is intended to keep drugs at bay. "We see this in the best interest of our students. We don't see this as a punitive measure," superintendent of schools Tom Biggs told The Associated Press.

Some students say that random drug tests have weeded out drug users from extracurricular activities. In Oklahoma City, Yukon High School athlete Dakota Greeson told The Oklahoman that he's glad the policy exists. "I got tired of seeing kids doing [drugs].... It made the programs worse."

Kids Aren't Criminals

At Rockville High School, in Vernon, Conn., all students attending school functions have to take Breathalyzer tests. Vernon junior Adam Talbot says he understands that school officials have to keep school functions safe and drug-free. But, he says, this policy treats all students as suspects. "Students don't deserve to be treated as criminals in their own schools.... It's innocent until proven guilty, not guilty until proven innocent" Talbot told Current Events. "I don't think it will deter people from [drinking or using drugs] outside of school," he added.

Opponents of such policies agree. "Study after study has shown that drug testing ... isn't a way of preventing drug use among students," says Brett Shirk, executive director of the American Civil Liberties Union of Kansas and Western Missouri. "I think it invades the privacy of students who actually need deterrents the least. There are other ways to combat student drug use than invading kids' privacy rights."

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Get Talking

Ask students: What is random student drug testing? What might be some benefits of random student drug testing? What might be some drawbacks?

Notes Behind the News

* "Zero tolerance" policies were first created by the federal Grin-Free Schools Act of 1994, which required school districts across the country to expel students who bring firearms into schools. Interpretation of the law led to districts applying it to a variety of scenarios.

* Unusual incidents in which "zero tolerance" policies have been applied to inane situations include a 1998 incident during which a Maryland student shared her prescription inhaler with a classmate who was suffering from a severe asthma attack. The honors student, Christine Rhodes, was labeled a "drug trafficker" by school officials, an annotation which stays on the student record for three years, according to USA Today.