Mandatory drug testing policy for high school students - KOTA Territory News

Mandatory drug testing policy for high school students

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Gary Jensen
Beardsley, Jensen and Von Wald

The Wyoming Supreme Court has upheld a mandatory drug testing policy for high school students who participate in extracurricular activities.    

The school district implemented the drug testing policy to address documented drug and alcohol concerns.  The testing is primarily of urine samples provided privately outside the presence of others.

In upholding the policy, the Court noted the legitimate concern of the school district, the private manner by which the samples are provided, the voluntary nature of participating in extracurricular activities, and restrictions such participants are already subject to complying with.

The Court concluded by quoting from Justice Breyer of the United States Supreme Court:

I cannot know whether the school's drug testing program will work.   But, in my view, the Constitution does not prohibit the effort.

If you're interested in reading the Court's detailed constitutional analysis, its available at Hageman v. Goshen County School District No. 1, 2011 WY 91.

 

E-mail Gary

 

Lawline@KOTATV.com is intended as general information on legal issues affecting us all.  This information should not be relied upon in any particular case and should never be used in lieu of consulting with an attorney.

When:     

1.      You see yet another car accident at a spot where there have been many accidents in the past and will be more accidents in the future? 

 

2.      You learn another person is hurt using a machine that has injured others in the past and will injure others in the future? 

 

3.      You watch a dangerous practice – like where a school bus parks – you know is a disaster waiting to happen?  

 

What should you do? 

 

Try to prevent the next accident, injury, and catastrophe from happening. 

 

How can you do that? 

 

Send a letter or email to those responsible – the highway department, the owner and operator of the machine, the school district - putting them on notice of the danger.

 

Your letter or email will either prompt a "fix" or help the next innocent victim establish liability against those who failed to act.   

 

Taking a few minutes to write a letter or email can have a huge impact; you can be a difference maker. 

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