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Drug Testing In Schools Case Study

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James Acton was at the time a seventh grade student, who attended Washington Grade
School in Oregon. James wanted to try out to be on the schools’ football team. Washington
Grade School had a policy of being drug tested at the beginning of the season, as well as a random tests throughout the school year. The parents of James were insulted and refused to allow their son to be drug tested. Due to the fact that his parents refused to have James drug tested, he was suspended from sports for the season. The constitution takes a big role in this case. The Acton family sued on the premise that drug testing their child was an invasion of privacy and illegal search and seizure under the Fourth Amendment. I feel drug testing should be legal and allowed …show more content…

In
Oklahoma, two students (Daniel James and Lindsey Earls) took legal action in stating their opions about the drug testing in schools. The drug testing students was created by the
Tecumseh, Oklahoma School District which requires all middle, as well as high school students to participate in urinalysis testing for drugs in order to participate in any extracurricular school activity. This case applies to the Acton’s case because both Acton, Earl, and James all disagreed upon the act of drug testing students. For whatever apparent reason, James Acton’s parents refused to allow James be drug tested. Why? Why is it such a big deal to allow him, if he is not engaging in using illegal drugs?
As I once mentioned, the Acton family sued the school and said the school has violated the fourth amendment. In this case, the constitution should have protected the school districts side.
Amendment four states “against unreasonable searches and seizures, shall not be violated…”.
The school district had a reasonable explanation to drug test every student athlete. I would like to acknowledge the positives in drug testing student athletes. Across the country, I believe

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James parents would not consent to the test and attempted to sue the school for testing their sun without any evidence. However the Supreme Court ruled in favor of the school district. Since drug have been becoming a increasing problem in that area especially among athletes. 2.

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(2000 ed. and Supp. IV). His parents, Jeff and Sandee Winkleman, worked together with the school system to develop and write and individualized education plan (IEP). They could not reach an agreement on the IEP and therefore requested a due process hearing per §1415(f)(1)(A) (2000 ed., Supp. IV).

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because Lopez wasn't able to defend himself and wasn't able to having a hearing and his family wasn't notified either. If the court did not try to stop this it would have affected him and everyone else as well. If you think about it everyone had the right to be heard and the court bringing up that it affected the 14th amendment was a good way to protect the right to a hearing, because using liberty and property (property being education) challenged the court and made a different viewpoint on how the case was projected. Now we’re able to have court ruling for suspensions. which is a good thing and also sinces i'm a student i think it's fair that court hearing is given because without it how would a student be able to defend themselves without anyone to make the decisions if they are right or wrong.

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In a past Supreme Court case, Tinker v. Des Moines Independent Community School District, the Supreme Court asserted that a student does not shed their protected rights to freedom of speech or representation at the schoolhouse entryway. From this announcement one would imagine that Fraser would be free and clear. Notwithstanding, in Tinker, the issue within reach was challenge armbands. The armbands were an uninvolved presentation of statement that did not intrude on school, while Fraser's speech intruded on a couple of classes that were compelled to situated aside time to examine Fraser's speech. This made the court view Bethel School District v. Fraser as an exception to the Tinker test, or as an utmost to Tinker.

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Earls, a member of the school marching band and choir. And Daniel J., who yearned to be on the academic team. They argued for the removal of the mandatory drug tests because it infringes on their rights stated in the 14th amendment. In addition, they argued that “...the school district failed to refer to a special need for testing students… in extracurricular activities. Also, that the policy “…did not address a proven drug problem at the school.”

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Students do lose some of their rights when in school that adults have because they are not old enough to make their own decisions (LII). The Tinker v. Des Moines Independent Community School District Supreme Court case further defined students’ rights in school. It could also be argued that the court’s ruling limited students’ rights because any type of clothing could be considered disruptive to the learning environment (Puzan). The Tinker Test can still be used to determine whether a student is permitted to express their opinions, but the amount of freedom for students’ First Amendment rights has been reduced since this ruling.

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Drugs make a person insane and wacky, and that is definitely not needed at school because there is a major populace there. Also, selling or secretly putting a drug in them that they could be highly allergic to could injure or kill them easily. Drugs can kill somebody just as easy as a gun can. Random locker searches are good because of drugs and other violent weapons and chemicals.

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1344 Words | 6 Pages

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For years, the use of performance-enhancing drugs has haunted all levels of sport, baseball taking the majority of the publicity. Many have lost sight of the fact that baseball players are not the only athletes that face this life threatening addiction. Due to the amount of padding they have to wear, football players can easily disguise their size therefore keeping them from receiving scrutiny from the public. This has allowed more and more players to look to PEDs in order to gain an edge over their opponents. The issue spans to not only the professional level, but the high school and collegiate divisions as well. Because the National Football League sits on a higher platform, they bring in an exceptional amount of money compared to that

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It may seem a little invasive, but schools are permitted to use drug dogs to sniff out contraband during unannounced, random searches and it becomes a controversial problem for all. The use of drug-sniffing dogs in schools is permitted because students do not have a reasonable expectation of privacy in the school and school search did not go against the Fourth Amendment, which is the right of people to be secure in their personal spaces houses and papers. While drug dogs are becoming more and more commonplace in our public schools and to maintaining a drug-dog program can cost district estimates $12,000 and $36,000 every year. Drug dog must go through a long period of time of training and drug dogs are not dangerous to people, but instead it protects people. Without reservation, we must know the history background, advantages, and disadvantages of having a drug dog searches.

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If you don't know what the 4th Amendment is, it guards against unreasonable searches and seizures. If students are tested for drugs they may get discouraged about life and want to commit suicide, or they might not try as hard in their school work. Student athletes should not be tested for drugs because it takes money out of their education. Student athletes should not be tested for drugs because it takes money out of their education. They should not test them because it costs so much for a test and to test a couple hundred student athletes.

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Performance-Enhancing Drugs Imagine a good friend past away after running an olympic race. Then later you found out his death was due to performance enhancing drugs. This is why Performance Enhancing Drugs should not be used. These drugs are unfair to other athletes. These drugs can be abused by students, and for that reason drug testing should be more intensive.

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