"random" drug testing

[PO'edTX]

HI! I have a 15 yr old student/athlete who is being repeatedly tested despite consistent negative results. The kid is a total straight arrow and her classmates are now taunting her with "funny" comments insinuating she's "druggie". She's upset and I'm pissed--at what point does "random" testing become harassment? Its B.S. that this is "random"---a statistical impossibility to draw the same name EVERY TIME for 2 YEARS!!!! The school district and this constant hounding is getting her a wholly undeserved reputation and labeling her as some kind of drug problem. Are there legal limits to how many times a kid can be tested? This is ridiculous--a totally undeserved witch hunt and I can't get the school district to give me answers as to why this is going on.

 

[csi7]

You can request a review of the drug testing policy from an outside agency.

 

[BOR]

The 4th AM, and no doubt state law is in line with the ruling, does not forbid warrantless non individualized testing for school athletic participants. So, the next Q is, and your concern is, how often can she be subjected to such?

Do you as a parent have the school policy on such testing, as I am sure it was provided to parent's for the child. Does it have any cluase at all addressing this? This may seem like a silly Q since you are asking yourself, but maybe it is in legalese you don't understand.

If the rules/policy is absent such, then a complaint needs to me made on how it is affecting her mental state. Absent case law or policy to the contrary, it seems unlikely the school is prohibited from as many tests as they wish?

 

[PO'edTX]

update on "random" drug test in High School

No there is no clause addressing my concerns.The district is very wary and hiding behind "confidentiality" concerns when I want answers. I just found out today that they make the boys and girls test together in the same hallway....they then carry their "samples" to ONE common table for display to the rest of the kids. The girls are absolutely mortified at having to advertise the obvious state of their monthly cycles. I have talked to a few Moms and they are likewise mortified. All I can say is they tangled with the wrong Mom---this is absolutely unbelievable.

 

[Mass_Shyster]

Does random refer to the randomness of the person selected for testing or does it refer to the randomness of the date selected?

In other words, is everyone selected for a drug test? In that case, your daughter is not being singled out.

In any event, spend a few $$$ and go talk to an attorney. Preferably, one who has already been in litigation with the school.

 

[PO'edTX]

Stevef--The test pool is determined from approx 550 eligible athletes. The district uses an outside company who they insist uses a random number generator to make up a test pool. Test are conducted every 30-45 days with 40-50 kids in each test. Do the math. Based on what I know of my kids experience and that of others, THERE IS NO WAY IN HELL this is "random". I even had a mathematician friend of mine calculate the odds---they are astronomical. Obviously, the "computer program" is using criteria input by SOMEONE in administration that keeps culling the same kids---with NEGATIVE results mind you! I am determined to find out what that criteria is and who has access to it and when I do, there better be a damn good explanation for persecuting my kid. The whole thing needs a lotta light shined on it!!

 

[Mass_Shyster]

Stevef--The test pool is determined from approx 550 eligible athletes. The district uses an outside company who they insist uses a random number generator to make up a test pool. Test are conducted every 30-45 days with 40-50 kids in each test. Do the math. Based on what I know of my kids experience and that of others, THERE IS NO WAY IN HELL this is "random". I even had a mathematician friend of mine calculate the odds---they are astronomical. Obviously, the "computer program" is using criteria input by SOMEONE in administration that keeps culling the same kids---with NEGATIVE results mind you! I am determined to find out what that criteria is and who has access to it and when I do, there better be a damn good explanation for persecuting my kid. The whole thing needs a lotta light shined on it!!

I don't know if you have any legal cause of action against the school or the company conducting the testing. One primary reason you may not have a cause of action is because your daughter to does not have a right to participate in sports, and therefore the school is free to place whatever conditions on her participation that they choose. It's possible the public humiliation part could be considered a form of hazing, which is illegal in many states. In any event, you really need a local attorney to see if you have any legal recourse.

If an attorney decides you do have a legal recourse, I suspect the next step would be to file for an injunction enjoining the school from conducting the testing using their present methods.

Your best case scenario would be where the court found your daughter's civil rights were violated, the school is enjoined from their testing, your daughter gets a cash award, and your legal fees get paid.

Another thing to consider is that your daughter is exaggerating either the "druggie" accusations or the frequency of her "random" selections.

One final note: A long time ago, I wrote a computer program to fill the screen with black dots. This was an old computer, so there weren't that many dots. The program would pick a random number for the column (left to right) and another random number for the row (top to bottom). The program never filled the top half of the far left column or the bottom half of the far right column. There was obviously something wrong with the random number generator. It's possible that the drug testing company has a similar problem with their program.

Good Luck

 

[PO'edTX]

reply to Steve f

Thanks so much SteveF.

Your thoughts are the same as mine. I am waiting for documentation from the superintendent of the district to see if that may answer a few questions. They have promised documentation within 10 days and will let me know what the cost of the documentation is. I assumed something like this would be permanently on file and available to all parents via FOI...we'll see what price they come back with. ANd you you are right..I think there is something wrong with the "random" number generator---or someone is messing with the numbers. But that is what I'm after...who has access and why? Let ya know what happens. Thanks

 

[Zigner]

One final note: A long time ago, I wrote a computer program to fill the screen with black dots. This was an old computer, so there weren't that many dots. The program would pick a random number for the column (left to right) and another random number for the row (top to bottom). The program never filled the top half of the far left column or the bottom half of the far right column. There was obviously something wrong with the random number generator. It's possible that the drug testing company has a similar problem with their program.

Just for the record, a computer can not generate a truly random number.