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A coalition of about 50 Goshen County students and parents have filed a 34-page lawsuit against the Goshen County School District regarding the district’s new random drug and alcohol testing policy.
The suit was filed with the Goshen County District Court after the coalition claimed the policy unconstitutional. They claim that the policy, passed in April, violates the Fourth and 14th Amendments of the United States Constitution.
“The entire drug testing policy is unconstitutional,” the plaintiffs’ attorney, Harriet Hageman, told the Associated Press. “I don’t believe that random, suspicionless drug testing is appropriate or allowed by either the Wyoming Constitution or the federal Constitution.”
The plaintiffs say participating in extracurricular activities help students avoid illegal drugs and alcohol by providing them with positive outlets, exposing them to positive role models and providing them with the type of supervision and structure critical to their emotional development.
According to school district documents, the new policy requires all students who wish to participate in school sanctioned activities, including instrumental and vocal music, drama, journalism, athletics, and other activities, to sign an agreement allowing the administration to conduct random drug testing. Those who do not sign the form will not be allowed to participate in extracurricular activities.
Document filed by the coalition state that the extracurricular activities in which the students would be subject to the testing are critical in terms of creating, fostering and nurturing the type of responsible students who will some day be leaders in their communities and in the state.
“Extracurricular activities help to foster a sense of individual self worth and community spirit by instilling in students a sense of belonging, accomplishment, camaraderie and the importance of involvement,” the plaintiffs state in their lawsuit. “Sports activities in particular provide regular exercise, promote good health and provide a life-long foundation for leading an active lifestyle.”
According to the Student Drug Testing Coalition, student drug testing is allowed in the No Child Left Behind Act of 2001, which was signed into law by President George W. Bush.
Sec. 4002 of the Act allows schools to conduct random drug testing to prevent violence in and around schools, and to prevent the illegal use of alcohol, tobacco and other drugs to foster a safe and drug free learning environment.
According to the Associated Press, this lawsuit is the first challenge a school district in Wyoming has received against its drug testing policy.
In 2002, the United States Supreme Court ruled 5-4 that drug testing did not violate students’ constitutional protection against unreasonable searches for students involved in sports and other competitive extracurricular activities.
The Goshen County group bringing the lawsuit said the policy violates the 4th Amendment protection against unreasonable search and seizure. The lawsuit also claims the policy violates the 14th Amendment’s equal protection provision by treating students involved in activities differently than students not involved in the extracurricular activities.
Hugh and Lee Hageman are among the parents who filed suit against the school district. They said they have supported school activities over the years, and the students shouldn’t be forced to submit to drug testing.
“We don’t want this (drug testing) for our students,” Hugh said. “It’s time we stand up and fight for our freedoms.”
The plaintiffs were unable to comment on the lawsuit itself.
Goshen County School Superintendent Ray Schulte declined to comment on the litigation.
For the complete article see the 07-10-2009 issue.
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Filed under: Civil Liberties, Drugs, Education Industrial Complex, Military Industrial Complex, Prison Industrial Complex, Privacy Tagged: | Fourteenth Amendment, Fourth Amendment, Goshen County, Goshen County School District, Harriet Hageman, Hugh Hageman, Lee Hageman, Student Drug Testing Coalition
The Hong KOng government will press on with a program of drug tests for students despite signs of growing opposition and worries about privacy laws being breached.
The scheme is set to be launched as a pilot program at 23 secondary schools in Tai Po in December, with a review of progress in the middle of next year. The main thrust of the scheme is to provide counseling for those who test positive.
But social workers have joined the Catholic Church in taking a stand against it, and Privacy Commissioner Roderick Woo Bun has said under-18s may not have the capacity to consent to tests and that the law does not allow parents or guardians to agree on their behalf.
Permanent Secretary for Education Raymond Wong Hung-chiu said yesterday the government is also concerned about privacy, which is why the Department of Justice was consulted before the government went public with its plans. And the testing will conform with the law, he insisted.
A spokesman for the Education Bureau said Woo has been contacted about his concerns. Bureau officials, along with the Security Bureau’s Narcotics Division, will soon explain to him plans for protecting privacy.
Wong is also confident there will not be lawsuits once the program begins because “we will explain to parents and students the reason for collecting the data and how they will be used. The government will put in place measures to protect personal data.”
Wong’s views received a measure of support from Hong Kong University assistant professor Eric Cheung Tat- ming. The Privacy Ordinance does not come into play, he said, as students have the right to refuse to be tested. Still, students should sign agreements to clarify their consent, and schools must explain how data will be used.
Social workers, meanwhile, worry that students identified as drug abusers will face expulsion or discrimination by school management.
Social welfare lawmaker Cheung Kwok-chu said more than half of 500 social workers polled see an invasion of privacy. They also feel that disclosure of test results should not rest with school authorities.
Deputy Secretary for Education Betty Ip Tsang Chui-hing and Commissioner for Narcotics Sally Wong Pik-yee have already talked with school-based social workers in Tai Po about their roles in the scheme, but what was said has not be revealed.
Principals, including those from several religious schools, yesterday reconfirmed a commitment to testing. “If we chicken out now, nothing can be done,” said Buddhist Hui Yuan College principal Sung Lim-ping. “So we should take the first step.”
Confucian Ho Kwok Pui Chun College board member Elaine Lee Bik-wah said: “In secondary education, privacy is not our main concern. It will do them good if we insist on this and be strict.”
The Catholic Church, however, continues to disapprove, with vicar- general Yeung Ming-cheung describing drug testing as negative.
Education Is a better alternative, he said.
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