They are not in the hospital.
They are not at the police station.
They are not applying for a job.
They are not anywhere one might expect to be tested for drugs.
Yet students at school, playing football, marching in band, or contemplating their next chess move can be subject to random drug tests, says the U.S. Supreme Court.
By a 5-4 vote this summer, the justices approved random drug testing at public high schools for any student involved in sports or other extracurricular activities. The basis of the decision is that these activities are voluntary, therefore allowing schools the right to issue random drug tests.
Of the estimated 14 million U.S. high school students, more than 50 percent are estimated to participate in some form of organized after-school activity, educators say.
No Washington County schools have tested or plan to test their students for drugs, but the Supreme Court decision leaves the option open to any district.
“Right now, I don’t think it’s a pressing issue,” Marietta City Schools Superintendent Greg Backus said. “Drugs have been a problem, but I think with this (drug testing) you have to step back and watch.”
Watching other Ohio schools that have drug tested in the past can give Washington County an idea if the testing would be beneficial and worth the cost. The high costs of drug testing has kept the programs confined to the more affluent regions around Columbus, Cincinnati and Cleveland.
Dublin City Schools, northwest of Columbus, began drug testing in 2000.
“You’ve got a $60,000 to $70,000 (a year) price tag,” said Richard Caster, the executive director of administrative services at Dublin City Schools near Columbus. All the money for the drug tests is collected by the school and no money comes from the state, but legislation signed by President Bush last year does make $472 million in federal funds available to pay for the tests.
Caster said Dublin Schools initiated drug testing because of a concern from the community. The school tested only athletes as allowed by the Supreme Court in a 1995 decision. Justices decided then that the use of drugs, particularly steroids, was a safety hazard to the athletes, therefore granting schools the right to test.
Out of 2,516 high school athletes randomly tested in 2000-01, the school found nine students with traces of drugs, including marijuana, steroids and amphetamines. In the 2001-02 school year, 12 out of 2,816 students tested positive.
Those small percentage of positive returns (less than one percent) moved the American Civil Liberties Union to challenge Dublin’s drug testing with a lawsuit in 2001. ACLU argued the Supreme Court only allowed drug testing based on the existence of a reasonable drug problem, which needs to exist to bypass the Fourth Amendment, which protects against any “unreasonable search and seizure.” The ACLU said the less than 1 percent of positive drug results did not constitute a reasonable problem.
Caster disagreed, and said the tests cannot illustrate the true drug problem in schools.
“Yes, the number of kids has been low, but maybe that’s because the kids are scared of being drug tested,” Caster said. “The debate can go on forever.”
Nevertheless, Caster said the district suspended its drug testing for the 2002-03 school year because of the high costs, the pending lawsuit and not knowing how the Supreme Court would vote. The district’s decision came in early June when Dublin needed to finalize budgets and create handbooks.
“Ironically, a few weeks after that, the Supreme Court made its decision,” Caster said.
“If we go back to drug testing, it will be part of a broader drug and alcohol program.” He said he hopes to involve the community and parents more. Under the law, parents can also ask schools to test their children for drugs.
Caster said he likes that idea because he feels many parents shy away from the drug issue in fear that their expressed doubt might jeopardize their relationship with their children.
Marietta parent Bob Ferguson said he keeps an open dialogue about drugs with his two children ages 11 and 15.
“We’re pretty up front about it,” Ferguson said. “When it comes up on TV, we’ll talk about it.”
Ferguson also said he agrees with schools that use random drug tests.
“I think that levels the playing field, whether it be sports or extracurricular activities,” he said.
Local attorney and Warren Local Schools parent Robin Bozian sees the Supreme Court ruling as a further invasion of a student’s privacy.
“I’m a little disappointed because I think it’s a mixed message to kids,” Bozian said. “To test students who exhibit signs of drug use seems OK, but to randomly test kids just to test kids seems invasive to me.”
Fort Frye Superintendent Bob Heinlein said he agrees with the Supreme Court decision, but doesn’t see a need to begin drug testing at Fort Frye.
“If we sensed there was a problem, it’s nice to know that we have that (drug testing) alternative,” Heinlein said. The superintendent additionally noted that extracurricular students, such as athletes, may not be the most effective targets for the drug tests.
“It’s usually our athletes who are our best students,” he said.