Drug Testing

Drug testing in public schools in unconstitutional. Public schools use the terms "reasonable" to justify searches of students. Drug testing is a search of students, through an invasive process schools take and examine the students urine. Random drug testing does not fall under the term "reasonable" because it is unreasonable to believe that all students are under the influence of drugs. Public schools have no right to "parent" students by checking up on them, especially if the parents do not approve. In the case of Vernonia School District v. Acton, James Acton's parents did not approve of the school drug testing their son, so they said no and for that he was not allowed to participate in sports at his school. The school is not James Acton's parent, his parents are and it is up to them to make decisions for their child. If James Acton gets into trouble with the law, his parents are held responsible not the school, and for that it is not up to the school to make decisions and check up on him. While it is true that in order for James Acton to play a sport for his school, he had to get a physical with his doctor which included a urine test, there is a difference between his doctor testing his urine and his school testing his urine. This is an invasion of his privacy. James Acton's doctor knows the medication that he is on, because his job to watch over his health, this is not the schools job. In a drug test, the person being tested must enclose all the medication that they are currently taking, this in itself is an invasion of privacy because the school does not have the right to make kids tell them the medication that they are on. Students have a right to the fourth amendment while at school and without probable cause drug testing is unconstitutional.

Using the standard of "reasonableness" in schools allows for an search to be valid. School administrators can easily say that a search is reasonable for any reason. It is important for the education system to show students that when they walk through the doors of the school their rights do not go away. They cannot force any unnecessary search on students which, through drug testing and reasonableness, is what they are doing. In a 'sexting' suit that took place in Pennsylvania, a public school took away a students cell phone, searched it, and then handed the student a punishment for her nude pictures. This public school, took a students private property that contained private messages, as the suit said like U.S. mail, and searched them. The principal defended the search as being "reasonable" while in reality it is a huge violation of this students forth amendment rights. She violated the cell phone policy at her school, so school officials took away her personal property but for them to take it a step further by looking through her phone and reading her messages and looking at her pictures is stripping her of her freedoms. Public schools are there for the purpose of educating students and providing a safe learning environment if those two things are not in danger, by the standards of the forth amendment and not by "reasonableness", then school has no reason to play a parent's role in their students lives.