Saturday, December 13, 2008

ACLU sues Calif. school district over drug testing

REDDING, Calif.—The American Civil Liberties Union is challenging a Northern California school district's drug testing policy.
The ACLU filed a lawsuit that contends Shasta Union High School District's policy violates the state Constitution.

It's forcing students involved in athletics, choir, band, drama and other extracurricular activities to take drug tests. It's an expansion of a policy that has applied to student athletes since 1999.

ACLU attorney Michael Risher says it's unnecessary and that random drug testing without any suspicious behavior violates students' privacy.

The group filed the suit Dec. 5 in Shasta County Superior Court.

Small groups of students have been tested once a month since the policy started in August.

Superintendent Jim Cloney says the policy complies with state law.
ACLU sues Calif. school district over drug testing

Once again I find myself agreeing with the ACLU.

ACLU Lawsuit Seeks to Stop Shasta Union High School District’s Invasive Mandatory Drug Testing Policy
“Schools already have the authority to test or search any student if they think they’ve been using drugs.” said Michael Risher, ACLU-NC Staff Attorney. “But to test students without any suspicion of drug use just because they want to participate in activities like the math team or band isn’t just unconstitutional, it’s also irrational.”

This is also being perpetrated by the generation that tried everything, demanded freedom for anything and everything they wanted to do. Still are, with growhouses and pot, yet this is the same generation who has declared 'zero tolerance' for anything and everything their children want to do.

6 comments:

Anonymous said...

I disagree with you on this and agree with the school district. I have no problem with extracirricular activities being subject to this.

Rose said...

OK. My position is it is none of the school district's business what people do on their own time - even if kids are drinking illegally. That would be the parent's problem, or ultimately, the kid's problem.

Catch them drinking on school time, kick 'em out of school. Drinking at a game? Off the team. Consequences IF you mess up.

But this is not consequences if you mess up. This presupposes that you might do something wrong.

It is not right to punish - and this amounts to punishment - people who have done nothing wrong. They are the vast majority.

Kym said...

Rose, I agree. The worst part is kids will be less likely to participate in extracurricular activities because they fear that their drug use will get them in trouble. And those are the kids who most need to be reached.

Rose said...

It's definitely a civil liberties issue, Kym.

First of all, even if they test positive, if they are not smoking or drinking on school time, the school should have nothing to say about it.

Second, if they are not into anything bad, they should never be subject to this ridiculous fishing expedition.

Most kids now have parents who were part of the biggest stoner generation the world has ever seen, so the hypocrisy is astounding.

Not to mention it's the school systems pushing the Ridalin culture (albeit that would be lower grades).

But bottom line - if you haven't done anything to warrant being tested, you should be left alone, and that applies to adult employees as well as kids in school.

I haven't heard whether there is an 'opt out' paper for parents to sign, but there ought to be.

brian said...

The only people that should be testing kids for drug , are the kids parents. Big brother get your nose out of my ass.

kunsoo1024 said...

With the exception of testing for steroids and other enhancement substances for sports, I agree.