We are writing to respond to the Casper Star Tribune’s
editorial, Drug testing students is worth
exploring (March 6, 2015).
We agree with the editorial board’s statement that, “This is
a critical time for these young people. We should do what we can to help them
learn to make healthy decisions that will shape how they live the rest of their
lives.” We disagree, however, that violating students’ privacy and dignity
through suspicionless drug testing is the way to teach students to make healthy
decisions.
Studies have shown, time and again, that drug testing is
ineffective at deterring alcohol and drug use among young people. Testing may
drive away from extracurricular activities two categories of students, both
sober students and those who are inclined to drink alcohol or use drugs.
First, testing can discourage teetotaling students from
attending extracurricular activities because they do not wish to be subjected
to a presumption of guilt until they prove themselves innocent. Drug testing undermines
the bonds of trust between students and teachers, and when teachers act as
police, it erodes the likelihood that students will turn to teachers or
administrators for guidance and support. Testing sends a message to students
that they cannot be trusted until they prove otherwise, which leaves them
feeling ashamed and resentful.
Second, students who use alcohol or drugs are likely to stay
away from extracurricular activities in order to avoid testing. Involvement in
extracurricular and after-school activities can help students refrain from
engaging in alcohol and drug use. Educating students about the risks of alcohol
and drug use requires trust and an environment where students feel comfortable
asking questions and seeking advice. By implementing testing, school districts
establish an adversarial situation between students and teachers, and reduce
the likelihood that students will turn to teachers or school administrators for
help.
Programs that emphasize education, conversation, counseling,
extracurricular activities, and building trust between students and adults are
effective alternatives to drug testing. School districts should consider
expanding afterschool programs for students at risk of drug or alcohol abuse,
rather than discouraging or banning students from attending, or testing them as
a condition of participation.
If they are not already available, districts may want to
make counselors trained in substance abuse therapy available to students at
school, with assurances that privacy and confidentiality will be protected.
Students must not be disciplined as a result of seeking guidance. Education and
counseling should be based on science and best practices, rather than on
threats and fear. Any successful drug and alcohol education program fosters
trust and respect among students and teachers. Parents should also be given the
opportunity to become involved.
While some may contend that students consent to being tested
by virtue of participating in extracurricular activities, this consent can hardly
be considered voluntary. Refusal results in exclusion from the school activity,
or worse, discipline, further detention, and referral to law enforcement.
Consent in the face of such draconian alternatives can hardly be considered
voluntary. If a student prefers not to be tested, the only option is to stay
away. The editorial board suggests extracurricular activities are a privilege, but
school administrators are well aware that participation is an important part of
the educational experience.
To be clear, random testing is another way of saying
suspicionless testing. Random drug testing is nothing more than an unreasonable
fishing expedition, and such searches are anathema to the Fourth Amendment and
Wyoming’s constitutional provisions that afford us privacy. A student who has
merely attended school and chosen to fully participate in the broad educational
experience is required to forfeit privacy.
Students have a genuine and fundamental privacy interest in
controlling their own bodily functions and fluids. Existing standards requiring
some level of reasonable or individualized suspicion protects students from
arbitrary searches, yet gives officials sufficient leeway to conduct their
duties and maintain a safe environment.
Suspicionless drug testing teaches the wrong civics lessons
to students: they can't be trusted, they are guilty until they prove themselves
innocent, and they can't expect to have their privacy respected. Random and/or
blanket testing teaches young people to simply accede to random and unnecessary
surveillance measures and invasions of their privacy. We should instill in
students fundamental American -- and Wyoming -- values of the right to privacy
and respect for constitutional principles.
Jennifer Horvath, Staff Attorney
American Civil Liberties Union of Wyoming
(As originally published in the Casper Star Tribune on March 28, 2015)
