The scope of Vernonia remains undecided today. Until we receive further guidance from the Supreme Court, we shall stand by our admonishment in Willis that the special needs exception must be justified according to the methodology set forth in Vernonia . Under that approach, the case has yet to be made that a urine sample can be the 'tuition' at a public school. Striking a balance I believe Judge Ripple has struck the right balance. On the one hand, school officials across the nation properly seek to combat student drug and alcohol use in order to promote their students' health and welfare.
Urine testing can be a valuable part of such an effort in some situations.
A urine test for drugs, alcohol, or nicotine is intrusive, and it should not be permitted unless school officials establish a genuine, special need for such a test. As for tobacco, I'm all in favor of schools working to fight against smoking and other uses of tobacco. Tobacco kills in the long run, and schools should help to deter teenagers from smoking. Benjamin Dowling-Sendor, an authority on school law, is an assistant appellate defender of North Carolina in Durham. American School Board Journal is an editorially independent publication of the National School Boards Association.