Student drug testing program in jeopardy – Attorney general’s opinion says random policy violates state statute
The Warren County School System’s random drug testing policy could be in jeopardy after a recent opinion issued by the state attorney general.
The opinion, which was issued July 2, says Tennessee school districts cannot randomly test students for drugs just because they participate in extracurricular activities.
Warren County randomly drug tests approximately 1,500 students each year in extracurricular activities from grades 7-12.
‘I’ve read the ruling and I think we would be correct to suspend our random drug testing program,’ said school board attorney Michael Galligan. ‘The attorney general is not saying random drug testing is unconstitutional. He’s saying it violates a statute. I would think there would be some effort by the state legislature to change the language of that statute when they get back next session.’
The attorney general’s opinion says under current Tennessee statutes, drug testing should only be done when there are ‘reasonable indications’ of drug use. Warren County’s policy is completely random.
Warren County began drug testing athletes in the mid-1990s. In 2002, a U.S. Supreme Court ruling expanded drug testing from just athletes to include all students in extracurricular activities.
Warren County began random drug testing all extracurricular students at the start of the 2003-04 school year. The program has been a positive one, according to school board member Mike Holland.
‘I think drug testing is a good deterrent,’ said Holland. ‘It’s easier to help kids say no to drugs if they can say I’m in an extracurricular activity and I may be drug tested.
‘We’ve had some parents who have been very appreciative of the program. Their kid came back positive and they told us they had no idea. So I’d say the program is the right thing to do. If you don’t do drugs, you don’t have a problem to worry about.’
While Holland said he would be reluctant to suspend the drug testing program, he said Galligan’s opinion would play a big part of his final decision. Galligan has yet to address the full school board about the attorney general’s ruling.
‘While we don’t have to agree with the attorney general’s opinion, it is an indication of where the courts may go,’ said Galligan. ‘And in this case it seems fairly clear.’
Director of Schools Dr. Jerry Hale said the topic of drug testing has been put on the agenda for the July 26 school board meeting. He said a decision about the program’s future could be made at that time.