Jonathan F. (Jon) Duncan, Thursday, September 16, 2010 | Filed under: Drug Testing
A recent post on this blog highlighted the vulnerability of certain drug testing policies when reviewed under state law. California has now provided another example of a policy failing to pass muster under requirements of a state constitution. Specifically, the California Court of Appeals unanimously upheld a lower court's order prohibiting enforcement of a student drug testing policy. Click
here to review the opinion. The policy purported to cover any student participating in so-called "competitive representational activities." Those activities included traditional extracurricular athletics, as well as certain mandated curricular or co-curricular activities. The court questioned the effectiveness of testing in this context and also questioned the need to target these particular students for testing. Balancing these concerns against the students' privacy interests, the court found that the students were likely to prevail on their claims against the school district.
Although this policy can be distinguished from others based on its broad scope, the case provides a good reminder that drug testing is a sensitive area for school officials and courts. The need for testing, the language of testing policies and the unique provisions of state law are important factors in determining the propriety of a school district's effort to curb drug use among students.