Posted 11:30 p.m. Nov. 30
By Jamie Meltzer
U-WIRE Washington Bureau
Earlier this month, the Supreme Court agreed to decide whether school districts have to show that a student has a serious drug problem before testing the individual. The Supreme Court decided in 1995 that school districts were allowed to test athletes, because school officials had blamed drugs for disciplinary problems. This contradicts the recent ruling of an Oklahoma Court of Appeals.
The court decided the Tecumseh school district violated the Constitution by conducting random drug tests of students involved in extra-curricular activities. Those in favor of the testing thought it was acceptable because activities represent the school publicly.
“Athletes are looked at as leaders of the school, and if they do drugs maybe others will follow,” said Erik Smokeler, a sophomore at George Washington University.
School officials tested about 500 students from 1998 to 2000.Some results were positive for marijuana and painkillers, according to Tecumseh Superintendent Tom Wilsie.
The American Civil Liberties Union filed a suit to stop the practice that they saw as an infringement of the Fourth Amendment protection from unreasonable search and seizure.
Graham Boyd, an attorney with the ACLU, believes this case is one example of how the war on drugs targets people of color and young people. Boyd thinks this is the result of young people’s lack of involvement in the political process. High school students, he pointed out, are too young to vote and college students are often away from home, preventing active participation in elections.
“I don’t know who came up with the rule that high school students have no rights. What upholds this? What distinguishes a sports player from a regular student?” said Laura Heller, a sophomore at George Washington University.
Boyd compares random testing in schools to a member of the Drug Enforcement Agency knocking on every door and asking “Mr. Jones” if they can have a cup of his urine. In this way, according to Boyd, everyone must prove his or her innocence, a contradiction to the constitution.
The Tecumseh district, and others like it, believes they have the right to drug test because students involved in extra-curriculars represent the school publicly.
“I think that athletes have a certain responsibility to remain pure, in a sense, a commitment to preserve their bodies and to be decent role models,” said Jessica Burgan, a sophomore at the University of Pittsburgh.
Linda Meoli, an attorney involved in the case, was unable to be reached for comment.
The Supreme Court is expected to hear Earl v. Tecumseh next March.
