Appellate Court Rejects Extracurricular Drug Testing
A federal appeals court last week struck down an Oklahoma school district's policy of drug tests for students engaging in extracurricular activities such as cheerleading, band, choir, and the Future Farmers of America.
The 2-1 ruling by a panel of the U.S. Court of Appeals for the 10th Circuit ( Earls v. Board of Education of Tecumseh Public School District ), in Denver, held that the Tecumseh district's policy of random testing for use of illegal drugs violated the Fourth Amendment's prohibition against unreasonable searches.
The majority drew a line between the drug testing of student athletes upheld by the U.S. Supreme Court in a 1995 case and the extension of testing to students who take part...
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