Though it is important for students to understand how school policies impact their own constitutional rights, parents also have an interest in knowing the effects of these policies on their children. Drug testing is a key issue in recent years as school districts and government bodies implement rules to maintain drug-free school zones. However, drug testing is a form of search, which means it must not violate Fourth Amendment protections against certain actions by public officials. If your child has been subject to drug testing at school, discuss your specific situation with an Illinois criminal defense attorney right away. Read on for some important background information.
U.S. Supreme Court Cases on School Drug Testing
School searches cases came to the legal fore in the 1980s. The U.S. Supreme Court considered whether teachers should be considered public officials, and how school searches were informed by the lowered expectation of privacy student have while at school. It was determined that instead of probable cause or a warrant, school officials must meet a two-part test:
- The search must be justified when it began, such as on suspicion of illegal activity; and
- It must be reasonable in scope based upon the reasons it started.
SCOTUS followed this reasoning when deciding the 1995 case of Vernonia School District v. Acton. A school district policy required all student-athletes to agree to random drug testing as a condition for participating in interscholastic sports. The lowered expectation of privacy at school was a determining factor, as was the fact that these competitive activities are voluntary. Plus, the government’s interest in maintaining drug-free schools outweighs privacy issues in such cases.
Lower Court Decisions on School Drug Testing in Illinois
An opinion issued by the US Appellate Court for the Seventh Circuit Court is also important because the law applies in Illinois at the state level. The 1998 case of Todd v. Rush County Schools closely paralleled Vernonia, except that students were asked to consent to drug testing as a condition for extracurricular activities. The judges followed the findings of Vernonia in holding that the school policy did not violate students’ Fourth Amendment rights.
The parties attempted to take the case to the next level, but the Supreme Court declined review. This action implies that the justices generally agreed with the Seventh Circuit opinion, and does not deem it necessary to revisit the same issues.
Get Legal Help From an Illinois Criminal Defense Attorney
If your child was disciplined, suspended or arrested pursuant to questionable drug testing policies at school, please contact Glasgow & Olsson to set up a consultation. Our lawyers can provide more information on the constitutional issues after reviewing your circumstances. You can reach our Schaumburg, IL office by calling 847.577.8700 or by visiting us online.
(image courtesy of Ryan Tauss)