Recently a town near me decided to start program where they (i guess randomly) test students for alchohol on Mondays, designed to catch those who drank over the weekend. The only repercussions as of now is that you have to see the counselor and your parents are notified. However, I could easily see this progressing beyond that. Invasion of privacy perhaps?
As a student you are basically at the mercy of your parents and the school board. I would think the school district would have to have received permission from parents before enacting this. If your parents don't agree with it have them contact the school administration. But as a student you don't have much to stand on. Petitions and protests can show where you stand, but legally I don't think they can get you out of it.
Actually Gardner a monor has the legal right to refuse thanks to a law enacted in 1992. A minor has the same legal rights as an adult to refuse medical treatment too. It would require a court order to over turn the minor childs right to reject. Now this does not mean the school cant kick you out but then a good lawyer could see to it that you are back in school and doing fine. Now they have the right to search your property that is on campus just as your employer has the right but even that falls under the permission status. If you refuse to turn your purse over (as an example) they then can not search it but can kick you out (or in the case of employer fire you) or atleast that is how the state of Missouri interpeted the law. Its the same as being pulled over, they can not search a locked car without a court order. To me its not the duty of the school to over see my childs actions over the weekend nor do they have the legal right to see what my child does off of school campus after school hours. They do not hold themselves responsible for my childs safety during those times thus they have no right to information of my childs actions during those times. Now if they desire to assume responsibility 24 hours a day 7 days a week for my child then by all means have fun but enjoy paying for everything my child needs too during those times. When I was a kid our school tried something simular (back in 1986) and tried to suspend me for a Saturday non school related issue. The school backed down very quickly when contacted by a lawyer (my dad was very kind to me) and they pretty much left me alone after that. They were so glad when I graduated Im sure.
It still an issue of even the parents cant force it but at the same time you do not have to be there either. That old rule of a right to an education seems to have had an addendum clause "if you kiss our fucking ass" The kid could refuse but then would be kicked out of school. You might find an attorney willing to go for it in an attempt to further his image of taking on the state and all but basically its a balance of what is worth more to you. I would like to know the method they are trying to use for this testing.
i have the article. The test can supposedly detect alchohol consumption up to 80 hours earlier. So if you drink friday night, theres still a chance it can catch you if you're tested on monday. The test costs about $20, and is funded by a 120,000 federal grant to the town/schools (i dont know which).
that's ridiculous. teenagers will be teenagers, and that's just what they do-they go out with their friends and drink. and as long as they are being responsible, i don't see anything wrong with it. highschool is a time for this, figuring out who you are and partying has a lot to do with the whole experience. when i was in highschool, they would give us random breathalizers at our prom. it was more like a prison, then a school. blah
I go to a Catholic school in Connecticut, and they have a similar policy. They make all students sign a card which states that we have read the handbook, and agree to abide by the rules, we cannot participate in any school activity until we have signed and submitted our cards to the main office. As for drugs and drinking there is a no-tolerance policy: "(I'd rather not put the name) High School has a zero policy with regard to the use or abuse of alcohol or drugs, which means that a student who uses, is under the influence of, or is in possession of alcohol, drugs, or drug paraphernalia in the school, on the school grounds, at a school function, or outside of school will be subject to suspension and expulsion from (Name) High School. In order to ensure the safety, health and well-being of our entire school community, school and local law enforcement officials will work together to help students and parents understad and accept responsibility for the serious legal, social, medical, and spiritual consequences of, and if necessary, to overcome alcohol and drug abuse. "Non-alcoholic beer and wine are also not permitted." -p.21, Section R. Alcohol and Drug Policy, within section VI. Procedural Policies As far as I know they haven't started random tests, but I wouldn't be surprised if they did. If they did start the tests, then a fairly large portion of the school would be punished, and possibly kicked out, which would probably have a heavy financial toll on the school (it's private Catholic, so we have to pay tuition to go).
At some point the parents agreed to the testing or the grant wouldn't have been awarded. How about a link to the article?
The school gets some extra money for this. The company that makes the test kits profits from it. The parents feel that they are getting some useful snooping info on their kids. The kids get the satisfaction of having the government pry into their private lives. Back in the 90s some schools were declaring Ebonics a second language so that they could get extra federal money. Quite silly. .
