But a key factor is the Supreme Court's 1995 decision upholding testing of student athletes. He further argued that because school administrators served in loco parentis, students could not expect to enjoy the same privacy rights as adults. Nevertheless, the Scalia argument prevailed, raising fears among civil libertarians that it would someday open the door to schoolwide testing in public schools. In a subsequent case, the Seventh Circuit Court of Appeals ruled that an Indiana high school could require students involved in extracurricular activities to submit to random drug testing As for the tests themselves, there is general agreement that hair retains evidence of drug use for a longer period than urine. But scientists have raised questions, including whether the tests have a racial bias.
False positives occur more frequently among minorities than among whites.
In many ways, students form a captive and vulnerable population. Tests that applied to every student from the French club to the debate team would be an even broader threat to personal privacy. The Orleans board would be better advised to emulate school districts in Florida, New Jersey and Washington, which have chosen instead to build comprehensive drug education programs and trust between school administrators and students.