School district drug policies
Encyclopedia
School district drug policies are measures that administrators of a school district
put into place to discourage drug use
by students.
in the United States, primary and secondary school
drug and alcohol policies have become increasingly strict, in punishment and in the kinds of behavior regulated. Some school districts include off-campus and out-of-school behavior in their policy's jurisdiction. These policies are frequently part of comprehensive "Drug and alcohol" policies, and are particularly common in urban
school districts.
Aspects of the policies may include random drug testing, searches of lockers and personal effects, anti-drug education (e.g., "Just Say No
" curricula), and punitive measures including expulsion and suspension.
Advocates of random drug testing argue that it is not just a punitive measure, but may deter drug use. Opponents, however, have argued that drugs commonly used by students, such as alcohol
, MDMA
, and prescription drugs are either not detected by the tests or are metabolized within a short period of time.
There are about 600 school districts in about 15,000 nationwide that use drug tests, according to officials from the White House Office of National Drug Control Policy. White House officials liken drug testing to programs that screen for tuberculosis or other diseases, and said students who test positive don't face criminal charges.
and student privacy
as principle objections. These cases have resulted in a number of legal challenges in the United States, as well as in related case law (e.g., Morse v. Frederick, the so-called "Bong Hits 4 Jesus" case").
In a 1995 case, Vernonia School District 47J v. Acton
, the Supreme Court upheld the legality of random drug tests of student athletes who were not suspected of drug use. The Court reasoned that because school athletes routinely face mandatory physicals and other similar invasions of privacy, they have lower expectations of privacy than the average student. The Court specified that its decision should not be seen as a justification for further expansion of drug testing programs.
In the 2002 case Board of Education v. Earls
the Supreme Court extended the holding in Vernonia, holding that all students who participate in voluntary activities, like cheerleading, band, or debate, could be subjected to random tests as part of a comprehensive program. The Court, in an opinion by Justice Thomas, stated that the diminished expectations of privacy of athletes was less important to their decision in Vernonia than a school's innate custodial responsibility and authority over its students.
In December, 2009, attorney Matthew S. Wolf, Esquire, challenged the Haddonfield, New Jersey, Board of Education's 24/7 policy regulating drug and alcohol use of students outside of school property and off school time. The lawsuit contends that the Board of Education does not have the authority to discipline students unless the conduct in question has some connection to school safety and discipline. A federal judge denied a request to stop the policy because the student who filed the lawsuit had already graduated.
, the Ashland School Board
enacted a Drug and Alcohol Policy for students in leadership positions, igniting a local controversy. The policy extended to off-campus and after-school conduct, but the controversy reached the general efficacy and constitutionality of drug testing policies.
Opposing the policy were local student groups and the local Oregon American Civil Liberties Union
, which had advocated on behalf of various students expelled by the Ashland School District for drug use in May 2001 at a national forensics tournament. Students at Ashland High School
argued that their off campus behavior after school hours should have no effect on their academic standing.
To resolve the dispute, a community committee was formed, meeting for five months. The committee's recommendations lead to a rewriting of the Code of Conduct and a re-evaluation of the School District's entire Drug and Alcohol Policy.
School district
School districts are a form of special-purpose district which serves to operate the local public primary and secondary schools.-United States:...
put into place to discourage drug use
Recreational drug use
Recreational drug use is the use of a drug, usually psychoactive, with the intention of creating or enhancing recreational experience. Such use is controversial, however, often being considered to be also drug abuse, and it is often illegal...
by students.
Background
Over the decades of the War on DrugsWar on Drugs
The War on Drugs is a campaign of prohibition and foreign military aid and military intervention being undertaken by the United States government, with the assistance of participating countries, intended to both define and reduce the illegal drug trade...
in the United States, primary and secondary school
Secondary school
Secondary school is a term used to describe an educational institution where the final stage of schooling, known as secondary education and usually compulsory up to a specified age, takes place...
drug and alcohol policies have become increasingly strict, in punishment and in the kinds of behavior regulated. Some school districts include off-campus and out-of-school behavior in their policy's jurisdiction. These policies are frequently part of comprehensive "Drug and alcohol" policies, and are particularly common in urban
Urban area
An urban area is characterized by higher population density and vast human features in comparison to areas surrounding it. Urban areas may be cities, towns or conurbations, but the term is not commonly extended to rural settlements such as villages and hamlets.Urban areas are created and further...
school districts.
Aspects of the policies may include random drug testing, searches of lockers and personal effects, anti-drug education (e.g., "Just Say No
Just Say No
"Just Say No" was an advertising campaign, part of the U.S. "War on Drugs", prevalent during the 1980s and early 1990s, to discourage children from engaging in recreational drug use by offering various ways of saying no. Eventually, this also expanded the realm of "Just Say No" to violence and...
" curricula), and punitive measures including expulsion and suspension.
Advocates of random drug testing argue that it is not just a punitive measure, but may deter drug use. Opponents, however, have argued that drugs commonly used by students, such as alcohol
Alcoholic beverage
An alcoholic beverage is a drink containing ethanol, commonly known as alcohol. Alcoholic beverages are divided into three general classes: beers, wines, and spirits. They are legally consumed in most countries, and over 100 countries have laws regulating their production, sale, and consumption...
, MDMA
Methylenedioxymethamphetamine
MDMA is an entactogenic drug of the phenethylamine and amphetamine class of drugs. In popular culture, MDMA has become widely known as "ecstasy" , usually referring to its street pill form, although this term may also include the presence of possible adulterants...
, and prescription drugs are either not detected by the tests or are metabolized within a short period of time.
There are about 600 school districts in about 15,000 nationwide that use drug tests, according to officials from the White House Office of National Drug Control Policy. White House officials liken drug testing to programs that screen for tuberculosis or other diseases, and said students who test positive don't face criminal charges.
Legal challenges
Civil libertarians have raised concerns with these policies, citing student civil rightsCivil rights
Civil and political rights are a class of rights that protect individuals' freedom from unwarranted infringement by governments and private organizations, and ensure one's ability to participate in the civil and political life of the state without discrimination or repression.Civil rights include...
and student privacy
Privacy
Privacy is the ability of an individual or group to seclude themselves or information about themselves and thereby reveal themselves selectively...
as principle objections. These cases have resulted in a number of legal challenges in the United States, as well as in related case law (e.g., Morse v. Frederick, the so-called "Bong Hits 4 Jesus" case").
In a 1995 case, Vernonia School District 47J v. Acton
Vernonia School District 47J v. Acton
Vernonia School District 47J v. Acton, was a U.S. Supreme Court decision which upheld the constitutionality of random drug testing regimen implemented by the local public schools in Vernonia, Oregon. Under that regimen, student athletes were required to submit to random drug testing before being...
, the Supreme Court upheld the legality of random drug tests of student athletes who were not suspected of drug use. The Court reasoned that because school athletes routinely face mandatory physicals and other similar invasions of privacy, they have lower expectations of privacy than the average student. The Court specified that its decision should not be seen as a justification for further expansion of drug testing programs.
In the 2002 case Board of Education v. Earls
Board of Education v. Earls
Board of Education v. Earls, , was a decision of the Supreme Court of the United States that upheld the constitutionality of mandatory drug testing by public schools of students participating in extracurricular activities...
the Supreme Court extended the holding in Vernonia, holding that all students who participate in voluntary activities, like cheerleading, band, or debate, could be subjected to random tests as part of a comprehensive program. The Court, in an opinion by Justice Thomas, stated that the diminished expectations of privacy of athletes was less important to their decision in Vernonia than a school's innate custodial responsibility and authority over its students.
In December, 2009, attorney Matthew S. Wolf, Esquire, challenged the Haddonfield, New Jersey, Board of Education's 24/7 policy regulating drug and alcohol use of students outside of school property and off school time. The lawsuit contends that the Board of Education does not have the authority to discipline students unless the conduct in question has some connection to school safety and discipline. A federal judge denied a request to stop the policy because the student who filed the lawsuit had already graduated.
Case study
In late 2001, in Ashland, OregonAshland, Oregon
Ashland is a city in Jackson County, Oregon, United States, near Interstate 5 and the California border, and located in the south end of the Rogue Valley. It was named after Ashland County, Ohio, point of origin of Abel Helman and other founders, and secondarily for Ashland, Kentucky, where other...
, the Ashland School Board
Ashland School District (Oregon)
The Ashland School District is a public school district that serves the city of Ashland, Oregon, United States. As of 2009, there were approximately 3,000 students and 300 employees in the district.-Elementary schools:*Bellview Elementary School...
enacted a Drug and Alcohol Policy for students in leadership positions, igniting a local controversy. The policy extended to off-campus and after-school conduct, but the controversy reached the general efficacy and constitutionality of drug testing policies.
Opposing the policy were local student groups and the local Oregon American Civil Liberties Union
American Civil Liberties Union
The American Civil Liberties Union is a U.S. non-profit organization whose stated mission is "to defend and preserve the individual rights and liberties guaranteed to every person in this country by the Constitution and laws of the United States." It works through litigation, legislation, and...
, which had advocated on behalf of various students expelled by the Ashland School District for drug use in May 2001 at a national forensics tournament. Students at Ashland High School
Ashland High School (Oregon)
Ashland High School is public high school in Ashland, Oregon, United States near the Southern Oregon University campus.-Academics:In 2008, 81% of the school's seniors received their high school diploma. Of 296 students, 239 graduated, 53 dropped out, 1 received a modified diploma, and 3 are still...
argued that their off campus behavior after school hours should have no effect on their academic standing.
To resolve the dispute, a community committee was formed, meeting for five months. The committee's recommendations lead to a rewriting of the Code of Conduct and a re-evaluation of the School District's entire Drug and Alcohol Policy.
See also
- Legal issues of cannabisLegal issues of cannabisThe legality of cannabis has been the subject of debate and controversy for decades. Cannabis is illegal to consume, use, possess, cultivate, transfer or trade in most countries...
- November CoalitionNovember CoalitionThe November Coalition is a non-profit grassroots organization, founded in 1997, which fights against the War on Drugs and for the rights of the prisoners incarcerated as the effect of that war. It publishes a bulletin called Razor Wire.-Tyrone Brown:...
- Prohibition (drugs)Prohibition (drugs)The prohibition of drugs through sumptuary legislation or religious law is a common means of attempting to prevent drug use. Prohibition of drugs has existed at various levels of government or other authority from the Middle Ages to the present....
- Students for Sensible Drug PolicyStudents for Sensible Drug PolicyStudents for Sensible Drug Policy is an international non-profit advocacy and education organization based in Washington D.C., with offices in both Washington D.C. and San Francisco, CA...
- Zero-tolerance policy
- Drug policy reformDrug policy reformDrug policy reform, also known as drug law reform, is a term used to describe proposed changes to the way most governments respond to the socio-cultural influence on perception of psychoactive substance use...