Tuesday, October 18, 2011

Drug Testing in Public Schools

In both the Acton and Earl cases, the majority ruled that drug testing was not an invasion of privacy because the student being tested is in their own stall privately with the monitor standing outside of the stall listening for the sound of regular pee. Both of the cases said things along the lines of the fact that consequences will only be taken for the activity the student participates in. There will not be consequences taken academically or consequences with the law. In the Earl case it states, "Nor do the test results here lead to imposition of discipline or have any academic consequences." The school is strictly bases the drug test on whether a kid can be a part of an athletic team or a school activity. The Acton cases state, "The results of the tests are disclosed only to a limited class of school personnel who have a need to know; and they are not turned over to law enforcement authorities or used for any internal disciplinary function." The school is now trying to keep the students privacy in their best interest, but isn’t that a bit of a contradiction? they are working to give the student the maximum privacy they can have, but the schools locker rooms have no privacy, "no individual dressing rooms are provided; shower heads are lined up along a wall, unseparated by any sort of partition or curtain; not even all the toilet stalls have doors." Why aren’t the students complaining about this? This is just as much of an invasion of privacy. Other students, teachers, or coaches can see others undressed an exposed. To me the most provocative part of all of this is what student pick and choose to become upset or to fight about. The students already have to "submit to various physical examinations, and to be vaccinated against various diseases." To be on a sport team, athletes are okay with going to the doctor to make sure they are eligible, why can’t a drug test be a part of their eligibility? There are already steps they have to take to be a part of a team that "invade" their privacy just as much as taking a drug test.  

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