by slaine » Fri Feb 24, 2012 12:22 pm
The courts have upheld school programs randomly drug testing high school athletes, Veronia Schools v. Acton, 115 S.Ct. 2386.
However, a program testing all students may be tougher for a court to swallow.
The lack of voluntary action to expose oneself to the possibility of a drug test likely violates privacy rights, Anderson Community School Corp. v. Willis, 158 F.3d 415. For extracurriculars, students voluntarily chose to play sports, which the court used to justify the testing. Here, there is no choice.