Jonathan F. (Jon) Duncan, Friday, August 20, 2010 | Filed under: Drug Testing
The problem of drugs in schools is not a new one and the remedy is not obvious. School leaders, political bodies and private citizens have debated, implemented and litigated proposed solutions for years. One strategy which continues to see support is drug testing students who engage in extracurricular activities. At least one district in Missouri recently adopted such a policy. Finding sufficient protections in place, the U.S. Supreme Court has at least twice rejected challenges that student drug testing programs violate federal law. The result is not always the same, however, when challenges are lodged under state law.
See, e.g., "Which Washington: Constitutions in Conflict," 19 Marq. Sports L. Rev. 231 (2009) (Jonathan Duncan and Kristina Giddings).
A common question running through the drug test debate is whether testing programs are effective in curbing use or abuse by students. A recent
study released by the U.S. Department of Education provides current and relatively comprehensive information about the effectiveness of student drug testing policies. It may serve as a valuable resource to school officials who are exploring options for removing drugs from our public schools.