There are
several major cases that established this precedent. First, we have Board of Education
v. Earls (2002). In this case, it was established that drug testing was
unconstitutional for people outside of athletics. Within athletic programs, drug testing was
required to ensure that no performance enhancing drugs were being used. Outside of that,
however, there was no valid reason students should be required to undergo drug testing, and
therefore it was ruled unconstitutional.
The case of New Jersey v.
TLO (1985) is one of the biggest cases for this precedent. Not strictly related to
drug testing, though encompassing it, this case established that schools did not have authority
for unauthorized search and seizure of students' goods on campus. Searches and drug tests were
performed without consent or warrant, and this was a major violation of the Fourth Amendment and
was summarily overruled.
Vernonia School District v. Acton
(1995) upheld the need for students to participate in voluntary drug testing to
participate in sports and athletic activities but at the same time restricted the drug testing
to those activities alone. This case was instrumental in defining the line between mandatory and
unauthorized drug testing. In either situation, it established that consent is mandatory for any
drug testing performed.
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