Drug Testing in the Public School

[Multimom]

What is the name of your state? Texas

I have 3 issues. A little background. Our school district just instituted a drug testing policy.
Fortunately they didn't decide that the parents would be forced to pay for the testing which according to what I've read they could have.

Here are my issues.

The policy as presented to the parents was to be random and done by computer. Last week they tested every single kid in the "required" groups. Extracurricular, work co-op etc.

The parents were never informed that the school intended to spend between $30 and $40 dollars per student to drug test over 200 students in one week. Lack of information is not my real problem.

#1. When my son went in for his testing (he is 18 and can sign his own consent form), the company reps who administered the tests (not school officials or the school nurse) had all the kids empty their pockets (still not terribly upset yet), but then they informed them all that they were going to pat them down before they gave them the cups.

My son had some head about him and asked them if they were police officers. The reps said no and my son informed them that he would not submit to a pat down unless the local police officers were brought in and in possession of a warrent to allow the pat down. The reps backed off and didn't push the issue.

#2. My 13 year old daughter who is an 8th grader and on the cheerleading squad was called in to test. (All kids in all required groups were tested the same week.) She was not aware that we had not returned the consent form so she submitted to the test.

Here are my questions. #1. Can these reps force the kids to submit to a pat down without school or police present?

#2. Is is legal for the school to drug test my 13 year old without a signed consent form?

The principle said "she's not supposed to cheer without that form." I reminded him that there had been no games yet and she was simply going to practice. I also informed him that if that was true he should take it up with the cheer coach who had not obtained all the forms. Also, if they tested my daughter without the form how many other kids did they test without parental consent.

The school should have checked the file on every kid they intended to test and made sure they had the forms before proceeding. If they didn't have a form, the parent should have been called and if the parent couldn't be reached, then the child should have been sent home until the form was signed and returned to the school

I believe the school dropped the ball and in doing that has subjected the district to legal action by the parents of the kids in question. If it is not legal for them to test the kids without this consent, it is my intent to pursue charges against the school district.


Does anyone have any insight on this and do I possibly have a cause of action against the school district?

I don't have a problem with the school having a policy, but I do have a problem with it not being administered legally and accurately.

Any information out there??

 

[CdwJava]

Here are my questions. #1. Can these reps force the kids to submit to a pat down without school or police present?

They can ask. If the child refuses he or she might face consequences by the administration.

Also, a warrant is not generally needed for a pat-down so your son needs to learn a little more about the issues.

#2. Is is legal for the school to drug test my 13 year old without a signed consent form?

Possibly. Since I am not sure of the TX law on this it would depend on what the law says. It could be that if you do not sign the consent form and she is tested, that she can face discipline or removal from the extra-curricular activity in question.

When I signed up for extra-curricular activities (and now, when my kids do) we sign a bunch of releases. If the releases are not signed, then participation in the activity is in question.

The school should have checked the file on every kid they intended to test and made sure they had the forms before proceeding. If they didn't have a form, the parent should have been called and if the parent couldn't be reached, then the child should have been sent home until the form was signed and returned to the school

They may not have had to do all that if the child consented. If you do not want your child tested, then pull her out of cheering or get the school to change the policy.

If it is not legal for them to test the kids without this consent, it is my intent to pursue charges against the school district.

For what? Please explain your damages, and articulate how you or your children were harmed.

If you have the money, you can get an attorney to sue anyone ... but the chances are that no attorney is going to take this on a contingency basis as there would seem to be no award of consequence to be had.

A Google search of the issue will find a host of case decisions and opinions on random drug testing in TX schools. To find out what your situation is, you will need to consult an attorney ... though I just don't see that you need to go THAT far. But, it's your call.

- Carl

 

[Multimom]

I understand some of what you have said, however, in the opinion of the state of Texas a 13 year old child cannot legally consent to anything.

I'm not opposed to signing the form, but the test was performed without the requisite consent as well as the testing company did not ask for a list of medications being taken by the kids prior to the testing.

Part of my reason to pursue this is the incredible waste of money when half our kids don't even have text books. (This is true in our district.) My daughter's entire math class has one single text book from which the school makes copies of the work.

 

[CdwJava]

I fail to see how forcing the school to pay thousands of dollars in legal fees will do anything to resolve the school's financial burdens you speak of.

There are almost certainly ways to address this through the school or district administration. Before you pursue a legal challenge it will likely be mandatory that you exhaust all the administrative remedies.

But, it's your money. And keep in mind that the end result may be an end to the program your child is in, or the end to their involvement in said program. The law of unintended consequences may rear its ugly head.

- Carl

 

[stealth2]

I think it's unconscionable for a school district to try getting a handle on a drug problem.

And if funds are so short that a class has only one textbook to share? The parents should be storming BoE meetings to demand an immediate cessation to ALL extra-curricular activities and a focus on academics.

 

[Multimom]

I appreciate your "slights" to my irritation, but all of my research shows that random drug testing of kids in extracurricular activites is ineffective and cost prohibitive.

One district did 1475 drug tests one year costing their school district 44,250. These tests identified 11 students at a cost per student of $4,022 per student. Less than 1% of schools in the US have a drug testing policy and the ACLU has successfully challenged 2 in the Texas courts.

Studies show that kids who are involved in extracurricular activities are 49% less likely to use drugs than kids who arent.

So why focus all your drug testing on the group of kids at least risk for abuse. A recent Michigan study determined that drug use actually rises in schools with a drug testing policy and that in that study a survey of 17,000 Jr. High and High School students indicated that the majority of their drug use occured between the hours of school release and the parents arrival at home. Kids who are in extracurricular are actively involved in these activities during the hours they are at greatest risk.

Don't just blow off a policy because it looks good. The american academy of pediatrics is adamantly opposed to drug testing in schools. And all current research shows it does not deter drug use, it only sends kids to drugs less likely to show up such as alcohol which increases the likelihood of abuse do to the inexpensive nature of alcohol and it's ease of access.

Just because it looks good on the surface doesn't mean it has a positive effect. How many people lay in graves today because a medication looked good on the surface but it's side effects were deadly.

The policy of random drug testing of kids is just as deceptive and destructive. But so far no one has told me if it was legal for them to test the kids without a parental consent form.
I have since discovered 5 more confirmed cases of kids tested without the form.

 

[CdwJava]

If you are against the policy, then be against the policy. Don't couch your opposition in veiled anger over a release form not being signed.

In the case of these extra curricular activities, many athletics leagues require drug screening of athletes so schools DO have a random policy of tests for athletes. My high school does. That kind of testing may also contribute to the overall lack of drug abuse among these students. But, if you think athletes are less likely to use drugs because they are ... well, because they are athletes, then how would you explain Major League Baseball, Olympic sports, and every other professional and amateur sport out there where scandals have arisen this year?

I have found that the threat of being tests gives kids a good "out" among their peers to stay clean.

If my local high school were to institute a wider testing policy I wouldn't have a problem with it. But, that's me.

- Carl

 

[Multimom]

cdw:

I appreciate any person who believes that testing athletes is a deterrant. But again look at Major League Baseball.

They have had the testing all along and all those guys did was find a drug the test couldn't detect.

Which is exactly what happens in the public school. The Michigan University study I sited shows that over all drug use is NOT LESS in schools with a drug policy. It is about the same within 1 or 2%. The same study also included a survey of 17,000 students in schools with policy and schools without and it actually shows that alcohol use is MUCH HIGHER in schools with a drug policy than in schools without. So your idea that the policy stops drug use is flawed.

I have been researching this for about 2 weeks now and less than 1% of High Schools have a drug policy and this study shows that it actually STOPS NOTHING.

Before you make your decision, do the research. Drug testing athelets generally is a waste of money. It's extremely expensive and unless your school is paying out over $100 per student for the testing then the tests they are doing won't reveal steriod use. The test required to show steriod use is at minimum $100 per student tested per test. The current tests won't detect alcohol use or abuse.

The only way a school drug testing program will identify alcohol use is to start running blood alcohol levels or breathalizer tests on our kids. Are you willing to allow a drug company to draw blood on your child before every game or have them submit to a sobrity test everytime they walk into a classroom??

I'm not pro drug but I am pissed at a school that will let my 2nd grader education suffer when she has dyslexia because they don't have the program in place and then flush my money down the toilet with the pee they collect from my older children, which is money spent with no positive benefit and no hope of preventing drug use.

All current research shows the best deterrant is active and regular drug education programs in schools. In fact Alcohol and Drug Awarness Classes have the greatest
impact on drug use among our teens. Not the "FEAR" of testing positive. Drug testing also stops kids from talking to the very people who might be objective enough to help them their teachers.

 

[CdwJava]

Well, as I said, since you are obviously against the policy than be opposed to it. You have concealed your opposition under the guise of anger at their lack of getting a signed consent form when, in fact, you have been opposed to this from the very beginning. So just be up front and tell them that you are opposed to it and why.

Yes, I have seen the research, and I have been in contact with far more students and drug users than you are ever likely to know. Anecdotally, one thing that the athletes DO cite in their decision to keep clean is the possibility of drug testing.

You are right, they aren't going to detect alcohol with a random test ... unless Junior happens to have quaffed a fifth before class. However, schools being what they are, when some athlete is out on a bender with his classmates, the word tends to get back to the school.

Further, I never said I was FOR expanded testing, I am simply not opposed to it. My local high school only has a policy of testing athletes and it seems to work just fine. Since the policy is in adherence with the athletic league the school is involved in, it works.

They also bring drug dogs through the school a few times each year and when there might be a need ... but that is a different topic.

- Carl

 

[BelizeBreeze]

This issue has already been decided by the U.S. Supreme court. So, you have three choices:

1. teach your children that they WILL be tested and can be removed from school and face criminal penalties if found to be using, or;

2. remove them from the activities which require testing, or;

3. sue the school and lose.

 

[Multimom]

Beleeze:

You are correct, the supreme court rendered its decision,

HOWEVER, the ACLU has taken this on in 2 Texas Appeallite courts and WON NOT LOST.

And, I'm sure you know that as much or more case law is written based on what the Supreme Court DID NOT SAY, as what they did say.

What they didn't say has been the reason why the ACLU has been successful in their cases against the districts in question.

 

[fairisfair]

I understand some of what you have said, however, in the opinion of the state of Texas a 13 year old child cannot legally consent to anything.

I'm not opposed to signing the form, but the test was performed without the requisite consent as well as the testing company did not ask for a list of medications being taken by the kids prior to the testing.
Part of my reason to pursue this is the incredible waste of money when half our kids don't even have text books. (This is true in our district.) My daughter's entire math class has one single text book from which the school makes copies of the work.

and as for this section of your comments. The persons conducting these tests are NOT medical doctors, they are not ALLOWED to request listings of medications. Those would be disclosed to a MEDICAL doctor who would review the results in the event of a positive or "non-negative" test result in the laboratory.

 

[BelizeBreeze]

Beleeze:

You are correct, the supreme court rendered its decision,

HOWEVER, the ACLU has taken this on in 2 Texas Appeallite courts and WON NOT LOST.

And, I'm sure you know that as much or more case law is written based on what the Supreme Court DID NOT SAY, as what they did say.

What they didn't say has been the reason why the ACLU has been successful in their cases against the districts in question.

First off, the ACLU was NOT involved in two such cases. They were involved in the tannahill v Lockney decision which resulted in finding the current policy unconstitutional, however, they were NOT involved in the Marble Falls nor the Tulia decisions.

Now, as to the Lockney decision, the facts do not support the post as written. In it's decision, the Northern District did not fly in the face of the U.S. Supreme Court's 1995 Vernonia ruling which, in effect, legitimized the drug testing of student athletes and those involved in extracurricular activities.

the problem with the Lockney case was that although the school district had a current policy of suspicion-based testing, it was altered in 1997 to include all students, thus running afoul of the 4th amendment guarantee against unreasonable search and seizures.

In the present case, I stand by my post.