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On June 26, 1995, the U. S. Supreme Court ruled in Vernonia School District (Oregon) v. Wayne and Judy Acton that school drug testing was allowed. Since then, many schools have initiated drug-testing programs, and North Carolina is taking it into consideration. If it was the law for drug tests to occur, then this state would be violating the rights of students.
We are juveniles, but the rights stated in the Constitution apply to us just as any other citizen. There are two possible roads that North Carolina could take in instituting testing programs. The tests could be voluntary or mandatory. Both are unconstitutional. The state seems to be leaning towards voluntary testing, but is is not voluntary.
Voluntary by definition means done willingly and without contract, meaning no strings attached. There are definitely strings attached if you must get tested in order to play sports or be on the yearbook staff. It is not by your own free will. Students would not be allowed to be involved in any extra-curricular activities unless they gave a urine sample.
This is a forced act, disguised as being uncovered. It is a paradoxical statement. Mandatory testing would be a violation of the fourth amendment. It reads "the right of the people [which includes juveniles] to be secure in their... effects against unreasonable seizures, shall not be violated... " Making someone give up part of their body to a school that otherwise has no other indications of drug use is an infraction on our rights. Serious issues come into question when someone is forced to give up urine samples.
One of the main issues is the fact that most people won't be found containing drugs. In Vernonia, Oregon at the school that the Supreme Court ruled upon, only two percent of those students tested over a four and one-half year period produced tests that were positive for serious drugs. Some came up positive for basic medications such as pain relievers. For the result of only 12 students found guilty, a huge price was paid, one morally and one economically.
While hundreds of students' rights were violated, excessive amounts of money was spent. An average annual price for voluntary drug testing for 1500 students would be about $ 17, 307. A mandatory test for 1500 students would be close to $ 189, 000. The higher price for mandatory testing is because it requires more laboratory tests to be done. Drug testing would be very costly to communities where school drug testing was done.
Money is a large reason to do away with drug testing, but more importantly is the intrusion on the rights of students. If there are no indications of a student doing drugs, then where do schools get probable cause to search students' inner possessions? North Carolina should be more intelligent than our high court, and stick with the rights issued to all people in our Constitution.
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Research essay sample on Should Drug Testing Be Allowed In Schools
