Board of Ed. of Independent School Dist. no. 92 of Pottawatomie Cty. v. Earls (2002) By Jennifer Fish

Problem Drug use in schools

Solution The Tecumseh, Oklahoma School District requires all students involved in extra curricular activities to undergo drug testing Students who test positive are not allowed to participate in ANY extra curricular activities Students who test positive are not allowed to participate in ANY extra curricular activities

Controversy Parents and students believe this policy impedes on their fourth amendments rights Fourth amendment gives: Fourth amendment gives: “The right of the people to be secure in their persons…against unreasonable searches”

What do you think?? ? Drug testing Necessary Not necessary Optional Not optional

History Veronia School District 47J v. Action (1995) High increase in drug abuse problem 1 High increase in drug abuse problem 1 Also- athletes were mainly the leaders of this drug culture Also- athletes were mainly the leaders of this drug culture Students became a threat to themselves 2 Students became a threat to themselves 2 New school policy - students in ALL extra curricular activities be subjected to random drug testing New school policy - students in ALL extra curricular activities be subjected to random drug testing

Veronia Ruling 1. The school has “reasonable cause” to believe that drugs were being used 2. Drug testing was seen to be in the best interest of the students (health and safety) 3. “The invasion of students’ privacy is not significant, given the minimally intrusive nature of the sample collection”

Weighing the Evidence 4 th ammendment

Statistics The increase in the use of marijuana has been especially pronounced. Between 1992 and 2006 past-month use of marijuana increased from: The increase in the use of marijuana has been especially pronounced. Between 1992 and 2006 past-month use of marijuana increased from: 12% to 18% among high school seniors. 12% to 18% among high school seniors. 8% to 14% among 10th graders. 8% to 14% among 10th graders. 4% to 7% among 8th graders. 4% to 7% among 8th graders.

Statistics 42.3% of high school seniors in 2006 reported having ever used marijuana/hashish 42.3% of high school seniors in 2006 reported having ever used marijuana/hashish Since 1987, the number of high school seniors who think people risk harming themselves with drug use dropped from 73.5 % to 54.8% in 2007 Since 1987, the number of high school seniors who think people risk harming themselves with drug use dropped from 73.5 % to 54.8% in 2007

Court Ruling “The need to prevent and deter the substantial harm of childhood drug use provides the necessary immediacy for a school testing policy. Given the nationwide epidemic of drug use, and the evidence of increased drug use in Tecumseh schools, it was entirely reasonable for the School District to enact this particular drug testing policy.” “The need to prevent and deter the substantial harm of childhood drug use provides the necessary immediacy for a school testing policy. Given the nationwide epidemic of drug use, and the evidence of increased drug use in Tecumseh schools, it was entirely reasonable for the School District to enact this particular drug testing policy.”

Now… What do you think?? ? Drug testing Necessary Not necessary Optional Not optional

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