QUESTION
Can my school force students to be drug tested?
Asked on Dec 18th, 2012 on Litigation - Louisiana
More details to this question:
My school is trying to force us the students including me to be drug tested is this legal to do. No, we are not doing sports or extracurricular activities. I think this is against my rights as a US citizen and is breaking my constitutional rights.
13 ANSWERS
I think you are right, but have not researched the issue.
Answered on Jun 25th, 2013 at 10:24 PM
Plaintiff Animal Bites Attorney serving Missoula, MT
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No. Refuse to be tested.
Answered on Jun 12th, 2013 at 12:31 AM
Ronald A. Steinberg
Have your parents go to the school board and complain.
Answered on Dec 26th, 2012 at 5:26 AM
Michael J. Breczinski
This s a grey area. If they suspected drug use then yes but otherwise I would suggest that a lawyer be gotten to fight the matter.
Answered on Dec 23rd, 2012 at 7:54 PM
Personal Injury Attorney serving Charlotte, NC
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Talk to a consitutional law professor or attorney who handles such cases a fight like this can take years in court and burn incredible attorney fees.
Answered on Dec 20th, 2012 at 2:51 PM
James Edward Smith
Yes if the school suspects you.
Answered on Dec 20th, 2012 at 2:51 PM
Bankruptcy Attorney serving Madison, WI
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I am not sure of the answer. Students definitely do not have all the constitutional rights which adults have. (For example, your principal does not need a warrant to get into your locker.) You might want to call the Milwaukee office of the ACLU. They may be able to give you faster and better advice than I could.
Answered on Dec 20th, 2012 at 7:26 AM
Civil Litigation Attorney serving New York, NY
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You are correct: the federal and state Constitutions protect you against unreasonable searches, and the school's demand is, unquestionably, just that. However, if you are under 18, your parents (or your guardian) would have to assert your rights in court. The chances are that, if parents of several students voice their objections to the school and threaten legal action, the school will back down. Otherwise, the parents should call the local chapter of the American Civil Liberties Union, their state and federal senators/congressmen, or retain an attorney. Just don't give up. An exceptionally important problem is implicated in this situation, and we cannot afford giving victory to the other side.
Answered on Dec 20th, 2012 at 7:02 AM
Criminal Defense Attorney serving Anderson, SC
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I do not know the answer to this specific question. The courts have ruled that students have less expectation of privacy while at school than citizens in general have and thus schools can conduct searches that government entities normally could not do outside of a school setting (if this is a private school, they can do this because it is not a government search and you can avoid the search by choosing to go to school elsewhere). However, schools do not have unfettered rights to search students. I would have to do legal research to determine how our courts have dealt with this issue. I would be surmised that public school would do this without the advice of a school attorney.
Answered on Dec 19th, 2012 at 4:10 PM
Bankruptcy Law Attorney serving Livingston, NJ
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No, Student have less expectation of privacy and if the School can show a good reason they can.
Answered on Dec 19th, 2012 at 4:09 PM
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That's an issue that has not been before the United States Supreme Court yet, but if you're willing to fight, it could be. To my mind, it should be illegal, and hopefully, someday, the Supreme Court agrees.
Answered on Dec 19th, 2012 at 4:07 PM
William C. Gosnell
Under 18 yes you can be tested.
Answered on Dec 19th, 2012 at 4:05 PM
Stanley Stephen Spring
This whole issue is multiple chapters in a book. Everything depends upon numerous factors and facts. Each case needs to be analyzed on its individual basis.
Answered on Dec 19th, 2012 at 12:57 PM