Tuesday, October 12, 2010

Is Drug Testing Right? No. Is Drug Testing Effective? Yes.

Drug testing in high schools is a complete violation of students privacy and Fourth Amendment. However high school is a different environment than the outside world. In high school there is much more flexibility of the laws in the Fourth Amendment. In the Majority Opinion of the the New Jersey v. T.L.O case, the Majority Opinion talked about how hard it is for schools officials to maintain order in the school, which is why they need to be able to bend some of the rules. "We have recognized that maintaining security and order int he schools requires a certain degree of flexibility in school disciplinary procedures, and we have respected the value of preserving the informality of the student-teacher relationship." High schools have very little control of their students and without more rules then school would fail. Although the rules seem unfair, and against the United States Constitution, they are necessary to help prevent drug use in high school. Drug use is abused at an extremely high rate in high school, and it effects students in athletics, during classes, and other extra curricular activities.
A random drug test would allow schools to crack down on this problem by enforcing strict penalties if found positive for drug use. One of the main arguments against drug testing is the privacy issue. If done right then this can be considered not an issue anymore. If they allow the student to go into a stall by themselves, then it is just like going to the bathroom at a restaurant. Drug testing is something that from a student's view point is annoying because they feel that it is an invasion of privacy and it is the school policing the students. Drugs are illegal, in and out of school, so if drug testing is the way to stop kids from abusing drugs, then schools are going to do it.
Schools can take this power of a flexible Fourth Amendment too far. One instance of this was when there was a lock down search in Missouri and students purses, backpacks, and more were searched by the police department. Even though this was random searching, it was disrupting the school day, and crossing the line in going into students privacy. These were intense searches that gave off a hostile environment at the school. Another case where schools take invasion of privacy too far was at Safford Middle School. Savana Redding was accused of giving a student two ibuprofen pills. She was strip searched by the nurse at the school and Redding said that she never felt so embarrassed in her whole life. The school went way too rough on this student, and definitely pushed the limit of invading a students privacy by forcing them to strip and then be searched. This is why there must be a good balance of invading students privacy to maintain order, but not go too far because it can end up making students feel uncomfortable and end up disrupting a school day.





No comments:

Post a Comment