(by Rafael Pedraza)

INTRODUCTION:

“O.K. buddy, here’s the cup, now fill it up.”

“But, Agent Weiner, I don’t have to take a urine test to join the school band.”

“Well, Dean Weber said that any student who wants to join a school team must submit to a urine test to make sure that he or she is not using drugs. So, Juan, since you want to join the band, which, by the way is a team, you must comply and fill the cup.”

“Agent Weiner, I am not a drug user and I will not agree to a drug test. I learned from Mr. Littwin, my Social Studies teacher, that the Fourth Amendment to the United States Constitution protects me from unreasonable search and seizure. This drug test to me is an unreasonable search and it violates my Constitutional rights.”

“O.K. Juan, I guess you’ll have to explain all this to Dean Weber while he works on your suspension in the Dean’s Office.”

School districts throughout the country must wrestle with the problem of drugs in the schools. Although many tactics have been employed to curtail the use of drugs by school age children, drugs, such as marijuana, cocaine, heroin, amphetamines, etc. are readily available and easily obtainable by school age children. Some schools have implemented drug testing programs as a deterrent and as a way of identifying individuals who may need help with rehabilitation. However, tested students who are identified as drug users may be subject to suspension or expulsion from school. Some students have challenged their district’s drug testing policies arguing that it is a violation of their rights.

TASK:

You are students of Fitzgerald High School and Juan is your classmate. You are concerned about Juan and his predicament. On one hand you support Juan’s stand on his refusal to submit to a test for drug use. On the other hand you know that drug use is increasing in your school and this affects you and the entire school community.

You must deal with this dilemma, but how can you do it in an objective manner?

After research has been completed, you will argue the case in favor of Juan or in favor of the school’s policy. To do this you will set up a moot court. One representative will argue Juan’s case and another representative will argue the school’s case. Nine members of the class will serve as Justices. They will decide if the school’s policy is constitutional or not. They will present reasons for their decision. Dissenting opinions will also be presented.

PROCESS:

First, you will be divided into FIVE groups (five students per group; Juan cannot be a member of any group).

Second, each group will research the issue of drug testing of students. Each group should select a member as group leader and another member to record and synthesize the information gathered.

Third, each member of every group will take a stand; disagree with the school’s policy on drug testing or support it.

Fourth, all the students who support the school’s policy will get together as one group and those who oppose it will get together as another group. Both groups will do more research on the issue. Again, each group should select a group leader and a recorder.

Fifth, each of the two groups will prepare a questionnaire (with a five question maximum) to poll others in the school and/or community as to drug testing of students in the schools. The instructor must review the questionnaires before they can be used.

RESOURCES:

In conducting your research on the issue of drug testing of students you may examine the following internet sites:

http://www.newss.ksu.edu/WEB/news/newsrelease/drugtesting.html

http://www.passdrugtests.com/newsjudge.html

http://www.aclu.org/news/1999/n081899a.html

You may also wish to read about two cases which dealt specifically with this issue:

Vernonia School District v. Acton (1995)

Anderson Community Schools v. Willis

You may use a search engine, such as Yahoo or Lycos, to obtain more information. After deciding on a search engine, just type in: drug testing of students.

EVALUATION:

1. Prepare a PowerPoint presentation on the issue of drug testing. Here, you don’t have to take a stand either way. However, your presentation should contain the arguments of those who favor drug testing of students and those who oppose it on the basis of the Fourth Amendment.

2. Write a letter to the editor of your local newspaper in which you state your position on the issue of drug testing of students and the reasons for your stance.

CONCLUSION:

As members of a civilized society we must make compromises for the good of all. How much we are willing to cede is always the perplexing question which sets up the never ending debate. The Constitution serves as our guide; but the finer points still have to be argued. In any event, opinions are formulated either on the basis of pure emotion or by examining the many possible reasons of the why. Researching the pros and cons of issues helps us to formulate more reasoned opinions. Will you be able to freeze your emotions and objectively examine an issue as important as the drug testing of students in America’s schools?

STANDARDS:

English Language Arts - Standards 1, 2, 3 and 4

Social Studies - Standard 5: Civics, Citizenship, and Government

Students will use a variety of skills to demonstrate

their understanding of…the United States Constitution;

the basic civic values of American constitutional democracy;

and the roles, rights, and responsibilities of citizenship