Student Drug Use: Student Drug Use: Ethical & Legal PerspectivesEthical & Legal Perspectives

Amanda Davis Amanda Davis

& &

Vickie KummerVickie Kummer

20042004

What would you do?What would you do?

• A student informs you that he is smoking marijuana. He requests that you do not tell his parents.

• Can you honor this request?

Student Drug Use StatisticsStudent Drug Use Statistics

Reported marijuana use by high school seniors, 2003

In the past 30 days: 21.2%

In the past 12 months: 34.9%

Source: University of Michigan, Drug Use from the Monitoring the Future National Results on Adolescent Drug Use: Overview of Key Findings 2003, 2004.

Statistics continued...Statistics continued...

Number of High School Seniors That has Used Marijuana at Least Once in Lifetime:

46.1%

Source: University of Michigan, Drug Use from the Monitoring the Future National Results on Adolescent Drug Use: Overview of Key Findings 2003, 2004.

Statistics continued...Statistics continued...

Between 1992 and 2003 past-month use of marijuana increased from:

12% to 21% among high school seniors. 8% to 17% among 10th graders.

4% to 8% among 8th graders.

Source: University of Michigan, the Monitoring the Future National Results on Adolescent Drug Use: Overview of Key Findings 2003

, 2004.

Statistics continued...Statistics continued...

Percent of high school seniors reporting they could find marijuana fairly easily or very easily,

2003:

87.1%

Source: University of Michigan, the Monitoring the Future National Results on Adolescent Drug Use: Overview of Key Findings 2003, 2004.

Drug Abuse Office and Drug Abuse Office and Treatment ActTreatment Act

• Protects records of persons receiving drug or alcohol abuse treatment.

• It applies to any program assisted in any way by the federal government.

• These requirements apply to all records relating to the identity, diagnosis, prognosis, or treatment of any student involved in any federally assisted substance abuse program—including school-based identification.

Drug Abuse Office and Drug Abuse Office and Treatment ActTreatment Act

• Records must not be disclosed without written consent of the student.

• Three exceptions to this rule are:

1. To medical personnel in the case of a genuine medical emergency.

2. To qualified personnel conducting scientific research or audits without individual identities disclosed.

3. To any person with an appropriate court order.

• Additionally, treatment records can not be used to conduct a criminal investigation or substantiate criminal charges.

Does this mean that you can grant the student’s request to keep their marijuana use from their parents?

It’s not that easy!It’s not that easy!

Duval Country School Board PolicyDuval Country School Board Policy

Duval County’s policy regarding reporting student drug use is as follows:

“School Board employees shall report, in good faith, to the principal or designees any suspected unlawful use, possession, or sale of any controlled substance…”

Drug Testing in SchoolsDrug Testing in Schools

• Vernonia v. Acton, 1995• 7th grader wanted to try out for

the football team.• Refused to sign a drug-test

consent form.• Parents argued that the drug

test invaded privacy rights.

Vernonia v. ActonVernonia v. Acton

• The court ruled…..– Subjecting student athletes to suspicionless,

random drug testing was constitutional.– Students who want to play sports have a

reduced expectation of privacy and should expect intrusions.

– School districts have an interest in providing a drug-free environment.

How did the court reach this How did the court reach this decision?decision?

• Student drug testing is a search.

• The Fourth Amendment to the U.S. Constitution allows the government to make only reasonable searches.

• New Jersey v. T.L.O., 1985

Defining ReasonableDefining Reasonable

1. Nature of the privacy interest:– School has the power to supervise and control

students.– Privacy is given up in school by taking physical

exams and receiving vaccines.– Privacy is given up by being subjected to

things that the general student body is not subjected to.

Defining ReasonableDefining Reasonable

2. Character of the intrusion:– Conditions of the sample collection were

similar to those encountered in a public restroom.

– Tested only for drugs.– Results were turned over only to those school

personnel who needed to know.

Defining ReasonableDefining Reasonable

3. Governmental Concern:– Harmful effects on the user, other students,

athletes, and the faculty.– Athletes are considered role models.– If students are rebelling, it must be a problem.

Drug Testing in SchoolsDrug Testing in Schools

• Board of Education of Pottawatomie County v. Earls, 2002

• High school student who objected to random drug testing.

• She was a member of the school choir, marching band, academic team, and the National Honor Society.

B.O.E Pottawatomie v. EarlsB.O.E Pottawatomie v. Earls

• The court ruled……– Subjecting students who participate in

extracurricular activities to suspicionless, random drug testing was constitutional.

– Students who want to participate in activities have a reduced expectation of privacy and should expect intrusions.

– School districts have an interest in providing a drug-free environment.

Defining ReasonableDefining Reasonable

• Justice Thomas: “Students who participate in competitive extracurricular activities voluntarily subject themselves to many of the same intrusions on their privacy as do athletes.”

• Same three factors used in Vernonia case:

1. Nature of the privacy interest

2. Character of the intrusion

3. Governmental concern

Drug Testing in SchoolsDrug Testing in Schools

• Tannahill v. Lockney School District, 2001

• Suspicionless drug-testing policy for all middle level and high school students is unconstitutional.

• Character of intrusion is low….BUT, the student body as a whole has a greater privacy interest.