by Bobby Brown

Created on: December 29, 2010

Somehow I'm sure that mandatory drug testing of students violates Amendment IV of the US Constitution which says in it's entirety: The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. In other words, unless there is some credible reason for law enforcement or school officials to believe that a student or a group of students is on drugs then you can not force them to consent to drug testing.

When a person applies for a certain job they may be asked to submit to a drug test as part of the application process. If the candidate does not wish to submit to the test the application process ends. Employment is never compulsory (unless it is mandated by the court as provision of probation for example), but education is- at least through the age of sixteen. It is therefore a Catch 22 for those students who are too young to refuse education and would be forced to give up their rights of freedom from unreasonable searches or seizure.

For those students who are of sufficient age to refuse education, the issue is a bit more complex. If such a student decided that they would not submit to mandatory drug testing they could simply walk away. Of course, then there is the risk of the media or some politician discovering that students are being denied educations because of mandated drug testing-which is something that neither side of the debate wants.

Education is vital to society and the last thing that we should do is to add another hurdle, or otherwise impede the educational process by giving students another reason not to complete their education. Students already have to deal with bullying, teenage pregnancy, social exclusion, work and family conflicts, language and cultural barriers and many other barriers to numerous to mention here. High school graduation rates are already dismally low in many states across the nation http://www.manhattan-institute.org/html/cr_baeo.htm, and college graduation rates are even worse. http://www.huffingtonpost.com/2010/12/15/colleges-wi th-the-lowest-_n_797119.html#s208556&title=Golden%20Gate%20University%3A%2010%20percent*% 20 , due in part to the lousy economy and suborbital increases in tuition, books, dormitory housing and fees.  Understandably, there is a need to protect our students from the ravages of drugs and violence, but giving them another reason to want to drop out is not the answer.

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