Pubdate: Wed, 20 Mar 2002 Source: Daily Times, The (TN) Copyright: 2002 Horvitz Newspapers Contact: http://www.thedailytimes.com/ Details: http://www.mapinc.org/media/1455 Author: Joan Biskupic, Gannett News Service Bookmark: http://www.mapinc.org/testing.htm (Drug Testing) Bookmark: http://www.mapinc.org/youth.htm (Youth) SUPREME COURT OPEN TO STUDENT DRUG TESTS WASHINGTON -- Several Supreme Court justices appeared ready Tuesday to uphold drug testing for high school students who join the band, debate team or other any competitive extracurricular activity. During a fierce session of arguments over an Oklahoma school district's testing policy, the justices expressed concern about drug use and appeared open to a policy of testing the urine of students who have no record of drug problems and who are in activities other than athletics. The court has backed such testing for athletes. "You think life and death is not an issue in the fight against drugs?" Justice Antonin Scalia asked, challenging an American Civil Liberties Union attorney representing students who protested the Oklahoma district's policy as an invasion of privacy rights. The justices' questioning of attorney Graham Boyd was unusually antagonistic. At one point, Justice Anthony Kennedy posed a scenario involving two schools: one that required drug tests and whose students were clean and the other, a "druggie school." He told Boyd that most people would choose the first school, except, perhaps, "your client." Boyd countered that his client, Lindsay Earls, now a freshman at Dartmouth College, had tested negative for drugs in high school. Earls said she challenged the testing because she believed it violated her privacy and she found it humiliating to urinate in a bathroom stall with a teacher waiting outside. During the hour-long session, the frustration of the two justices who most obviously objected to the policy as a privacy infringement, Sandra Day O'Connor and David Souter, was palpable. "It seems so odd to try to penalize those students" who join activities such as choir and are less likely to be on drugs than many others, O'Connor said. Souter said that if the school district wins, it might lead to testing of all public school students, regardless of their after-school activities. Tuesday's case, which tests the breadth of Fourth Amendment protections against unreasonable searches, will determine how far schools can go to try to keep students off drugs. A ruling will affect the legitimacy of testing programs that have spread across the country since 1995. That year, the court allowed such tests for student athletes, citing the safety concerns involved in sports and noting that athletes usually undress together and have lower expectations of privacy. In 1998, schools in Pottawatomie County, about 40 miles southeast of Oklahoma City, began requiring students in all interscholastic extracurricular activities to undergo random urinalysis. A U.S. appeals court ruled against the program. It distinguished athletics from other extracurricular activities and said the district had not sufficiently identified a drug-abuse problem among the students to be screened. Linda Meoli, lawyer for the school district, told the justices that the district's program is a natural extension of testing athletes. She said the program helps students resist peer pressure, because they can claim that if they succumb to drugs they will flunk the urinalysis and not be able to participate in chosen activities. "What we really want to do is help students," Meoli said. She noted that the court has given officials considerable latitude to regulate students in the school setting. Siding with the Oklahoma district, U.S. Deputy Solicitor General Paul Clement told the justices, "Children today are on the front lines of the drug problem." Boyd countered that schools should not be able to force students to give urine samples unless there is evidence of drug use or a question of safety, as arose in the 1995 case from Vernonia, Ore. That case was decided by a 6-3 vote; Justices O'Connor, Souter and John Paul Stevens dissented. Justice Ruth Bader Ginsburg, who then was in the majority that supported testing athletes, suggested by her questions Tuesday that she might find testing non-athletes unconstitutional. - --- MAP posted-by: Terry Liittschwager