Tuesday, October 12, 2010

Students and the Fourth Amendment

I am in favor of drug testing in schools because the purpose of these tests is to protect the welfare of all the students. While some may argue that the fourth amendment violates Fourth Amendment rights, it is evident that drug tests are constitutional. This has been proven from a legal standpoint in other fourth amendment cases. For example, N.J. v. T.L.O demonstrates the idea that students do have privacy rights, the Fourth Amendment rights and ideas are reduced in a school setting. This is because administrators and staff play the role as an guardian in the school student. As a result, they are watching out for students welfare. This principle can be applied to drug tests in a school setting. There are several court examples that directly reveal that drug tests are constitutional. This has been seen in Veronia v. Acton when the court said a suspicionless drug test of athletes was constitutional. In addition, the Court in Board of Education v. Earls further stated that suspicionless drug testing of students involved in any other activities was constitutional.  By drug testing students in general, the school shows that they care about the students. The school is doing its part to create a safe, disciplined and drug-free learning enviorment. The reason for these tests are to help those who are in need. In fact, if someone is tested positive, the school is getting them the help they need. Ultimately, the school is preparing the student for their future. It may seem that the whole concept of drug testing is unconstituional, the collection methods are both private and unobserved. When it comes to the results, the privacy and confidentitality protections are in place for students and the school district. In other words, the students are being looked out for. By not doing anything about the drug use, the school is practically condoning it. Therefore, it is their right and rersponsibility to drug test students in an effort to elimininate drug use and help students in general. Schools spend thousands of dollars every year to help enhance the school enviorment, but the most important contribution would be adding drug tests. On average, a student drug test will only cost between $10.00 and $30.00. This is worth the money because it is assisting students.

No comments:

Post a Comment