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California State Appeals Court Blocks School Drug Tests
(09-03 2010) 17:58 PDT SACRAMENTO — In a ruling by California’s chief justice nominee, a state appeals court has barred a school district from drug testing all students in extracurricular activities such as choir, the school band and Future Farmers of America.
The Shasta Union High School District in Northern California began the testing in 2008, saying the prospect of being disqualified from a favorite after-school activity would discourage youths from using drugs or alcohol.
The district noted that the U.S. Supreme Court ruled in 2002 that random drug tests of all students in extracurricular programs did not violate the constitutional ban on unreasonable searches. But the Third District Court of Appeal in Sacramento said Thursday that the California Constitution’s guarantee of privacy is more protective of individual rights than the U.S. Constitution and may prohibit the drug screening.
The court upheld a Shasta County judge’s order halting the tests until a lawsuit by a group of students goes to trial. "The district has not shown a specialized need to target students participating in (the activities) for drug and alcohol testing," Justice Tani Cantil-Sakauye said in the 3-0 ruling.
She said there was no evidence of a drug problem among students in programs like choir and Future Farmers of America, and little or no evidence that testing them would serve any useful purpose. Gov. Arnold Schwarzenegger has nominated Cantil-Sakauye to succeed the state’s chief justice, Ronald George, who is retiring in January. Voters will decide in November whether to confirm her to a 12-year term.
Attorney Michael Risher of the American Civil Liberties Union, representing the students who challenged the tests, said Friday he was "thrilled the court recognized that random, suspicion-less testing is a serious violation of privacy." Risher said similar policies exist in a few other California school districts, none in the Bay Area.
John Kelley, the school district’s lawyer, said the legality of the testing program would be determined when the case went to trial. He said a recent study by the U.S. Department of Education supports the effectiveness of drug testing for students in extracurricular programs.
Drug testing in the Shasta district was previously limited to athletes, a program not challenged in the lawsuit. In support of the expansion, the superintendent and a school board member said they had heard reports of drug use in music programs.
But the superintendent, Michael Stuart, testified that the main reason drug testing was extended to nonsports programs was the district’s belief that it was free to do so after the 2002 Supreme Court ruling.
Cantil-Sakauye said the district’s "vague and shifting justifications" supported the Shasta County judge’s conclusion that the program was likely to be found unconstitutional. She also said drug testing of high school students, who would provide urine samples to a monitor waiting outside the restroom, could be considered more intrusive than testing of college athletes or safety employees, which California courts have upheld.
"Teenagers have a greater self-consciousness about their bodies," Cantil-Sakauye said, "so monitored urination, like any search of the body, has the potential to cause embarrassment and humiliation." The ruling can be read at links.sfgate.com/ZKGI.
E-mail Bob Egelko at begelko@sfchronicle.com. This article appeared on page C – 1 of the San Francisco Chronicle
Read more: http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2010/09/04/BAEB1F8J2M.DTL#ixzz0ya7Hf2rL
http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2010/09/04/BAEB1F8J2M.DTL
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