random student-athlete drug testing in illinois high schools
TRANSCRIPT
The Past, Present, and Future 1
The Past, Present, and Future
of Random Drug Testing for High School Student-Athletes
Brett Burton
LEEA 625
April 7, 2007 Dr. Kiracofe
Legal Research Paper
Northern Illinois University
The Past, Present, and Future 2
Introduction
Imagine being a fourteen year old freshmen football player about to embark on a four year journey
as a student-athlete. Your parents are very proud and enthusiastic about the amazing journey that lies
ahead. Furthermore, your parents have taught you the importance and relevance of staying away from
the temptation of drugs and alcohol, and making good decisions. Thus far, you have complied and
resisted trying drugs and alcohol. However, you learn that the high school you’ll be representing as a
student-athlete has a different perception of you and your teammates. The school’s perception of
student-athletes may indicate that your peer group is more prone to using alcohol and drugs compared
to other extra-curricular groups. Therefore, school administration, the board of education, and parents
have supported a random but mandatory drug urinalysis test for student-athletes. In order to complete
as an athlete at your high school you are required to submit a physical examination, a student and
parent signed athletic code of conduct, an emergency medical card, and a permission slip to test your
urine for drugs and/or alcohol at random and before the beginning of every season. If you disagree
with any of these requirements then you will not be allowed to participate on the football team this
year, or any other year that you are enrolled at this school, as well as other sports.
This hypothetical but realistic scenario holds true today for certain high school student-athletes.
However, does this mean that by refusing to take a urinalysis drug test, you have eliminated the
opportunity to compete in high school sports? The answer is “yes” for certain school districts and
athletic programs, but should public school districts enforce mandatory urinalysis drug testing for high
school student-athletes? Is there a benefit to drug testing high school student-athletes?
According to Yamaguchi, Johnston, and O’Malley (2003) who completed a study pertaining to
drug testing students in the 8th, 10th, and 12th grade, thus found little significant data supporting the
effectiveness of drug testing (p. 13).
The Past, Present, and Future 3
Another important conclusion from the same study was that drug testing student-athletes
demonstrated no significant impact on the frequency of “illicit drug use” (Yamaguchi, Johnston, and
O’Malley, 2003, p. 13). Another research article pertaining to drug testing of high school student-
athletes theorized that drug testing student-athletes would cause a decrease in their abuse of illegal
drugs, but cause an increased use in the regular student body as well as athletes that quit the team
(Taylor, 1997, conclusion section). Since empirical evidence demonstrating the benefit of drug testing
high school student-athletes is inconclusive one must wonder, “why drug test them at all?” So, what is
the true rationale behind drug testing high school student-athletes?
Walter Champion, Jr., believes that the United States Supreme Court as well as other circuit courts,
was justified in drug testing high school student-athletes because athletes agree to relinquish their
property rights when competing on athletic teams (Champion, 1997). Equally as important, Champion
defines this type of mentality as the “so-called locker room mentality.” The “locker room” mentality
is a term used to describe the nuances of an athletic locker room. High school athletes change their
clothes, shower, and use the restroom with very little privacy. Therefore, high school athletes
participate on athletic teams and the nuances of the locker room on their own volition. Hence, athletes
relinquish their property rights in order to play sports (Champion, 1997). As a former high school
athletic director, I am torn between individual rights and mandating drug testing for high school
student-athletes. I’m even more in a quandary
as a parent of future student-athletes. In my professional and personal experience as an athletic
director as well as a high school and collegiate athlete, I believe there could be a benefit for high
school student-athletes being drug tested. As an athletic director for over two years, it was typical for
me to issue consequences for student-athletes that violated the possession and use of alcohol clause in
the athletic code of conduct. Another and recent example, applies to the five Oswego High School
The Past, Present, and Future 4
Students who were killed in an alcohol related driving accident which included three survivors. Two
of the five deceased teenagers were student-athletes at Oswego High School, one a football player the
other a wrestler (Wang and Moyer, 2007). Perhaps if Oswego High School had a policy which
mandated a drug urinalysis test for student-athletes this could have prevented these two athletes from a
devastating accident. It’s impossible to predict but the current outcome has devastated the school and
the community. As far as my personal experience as an athlete I am well aware of the drug and party
culture that exists with student-athletes. My first experiences with alcohol, marijuana, and steroids
were all with my high school football and baseball teammates. When I attended college and competed
in football and baseball the partying became more frequent and intense. When I reflect upon this
partying it appears that it was almost an expectation and a major part of the “off the field bonding” that
takes place with teammates. If you didn’t party and abuse other illegal drugs with your teammates,
then you were an outcast. From my perspective, which has been formulated through personal and
professional experience is that all high school athletic programs would benefit from a random drug
testing policy. Although I may be an advocate for random student drug testing, the question still
remains, “does random student drug testing programs for student-athletes violate the Fourth and/or
Fourteenth amendment of the U.S. Constitution?
The focal point of the Fourth Amendment that has been challenged by citizens that disagree with
random student drug testing of student-athlete pertains to “unreasonable searches and seizures.” The
aspect of the Fourteenth Amendment that has been called into question pertains to “property rights” in
high school athletics and extra-curricular activities. The purpose of this research paper is to examine
the past, present, and future of random student drug testing programs for high school student-athletes.
The Past, Present, and Future 5
Past
In order to have an understanding of random student drug testing programs for high school student-
athletes, one must first have knowledge of historical U.S. Supreme Court, as well as district court
cases that have been instrumental in finding these policies permissible. The first case that set a
precedent which indirectly supporting random drug testing programs for high school student-athletes
was T.L.O. v. New Jersey U.S. 325 (1985). The T.L.O. case is examined because it was instrumental in
allowing school officials to drug test high school student-athletes. The T.L.O. case occurred during the
first week of March in 1980 when a teacher believed two high school girls were smoking in the
bathroom. Next, the teacher escorted the students to the assistant principal’s office because smoking in
the restroom was against school rules. One of the girls confessed to the assistant principal that she had
been smoking in the restroom. The other student denied smoking. The administrator believed the
student was being dishonest and decided to search the contents of her purse. As he was performing the
search he noticed rolling papers at the surface and proceeded to examine the purse further since rolling
papers were associated with marijuana use. The assistant principal discovered marijuana in small
plastic bags, a pipe, money, a list of names that indicated students owed her money for drugs, and a
couple of student letters that illustrated she was a drug dealer. The assistant principal called the police
and she was apprehended. Then, the student confessed to the police that she had been selling drugs in
school and “the state brought delinquency charges against T.L.O.” (Dupre and Gardner, 2006, p. 611).
Also, the school issued an out of school suspension to T.L.O. for smoking in the bathroom. The parent
of T.L.O. challenged the administrator’s search claiming it was an illegal search motivated by a
confession which violated her Fourth Amendment Rights. The U.S. Supreme Court ruled in favor of
New Jersey. The court stated schools have a right to search students when they have “reasonable
suspicion” that an illegal act has occurred or in order to follow school rules and policies that are
The Past, Present, and Future 6
established for safety reasons. The T.L.O. case provided the impetus for schools to search student’s
based on reasonable information without a warrant. It had a significant impact on random drug testing
high school student-athletes because it placed the safety of students as the main issue, as well as
acknowledging reduced individual rights for students when present during school. Another court case
that was paramount in establishing a precedent for random student drug testing programs was Griffin
v. Wisconsin, 483 U.S. 868 (1987).
Griffin v. Wisconsin, 483 U.S. 868 (1987) was a case that occurred two years after T.L.O. which
focused on a warrantless search based on “special needs” [*873]. Although Griffin did not pertain to
public schools, the case did establish a precedent for a search that doesn’t require a warrant, which has
carried over to the U.S. public school system. The facts of Griffin
v. Wisconsin are pertinent to comprehending the historical context or random student drug testing
programs for high school athletes. Griffin, a convicted felon, was placed on probation by the state of
Wisconsin. A convicted felon is basically a ward of the state because they remain in legal custody. In
addition, any probation officer may conduct a search without a warrant, as long the probationer’s
supervisor approves and “reasonable” grounds exist to search [*871]. In this particular case a detective
provided a probation officer with a tip stating that Griffin may be in possession of a gun [*872]. The
probation officer then searched Griffin’s residence without a warrant and discovered a weapon. The
U.S. Supreme Court ruled the warrantless search did not violate the Fourth Amendment and was
indeed a legal search (Pp. 875-880). There are three significant keys that have influenced or impacted
random student drug testing policies for high school athletes. First, both student-athletes and
probationers have reduced privacy rights. Second, searches pertaining to “special needs” [*871] are
relevant for both probationers and student-athletes. Third, both student-athletes and probationers have
other parties that are concerned about their welfare (Pp. 875-880). Probation officers focus on making
The Past, Present, and Future 7
certain that convicted felons are safe and in accordance with the law. As far as high school athletes are
concerned, the state or teachers/coaches have an inherent need to guarantee that athletes are safe.
T.L.O v. New Jersey and Griffin v. Wisconsin are two cases that have set an indirect precedent for
random student drug testing for high school athletes. Furthermore, both cases had a major impact on
the next case Schaill v. Tippecanoe County.
Schaill v. Tippecanoe County School Corp. 864 F.2d. 1309, 1988, was tried one year after Griffin v.
Wisconsin and three years after T.L.O. v. New Jersey. The case occurred in the state of Indiana where a
high school baseball coach decided to mandate a urinalysis drug test to sixteen players on the varsity
baseball team. The coach had great suspicion that the baseball players were abusing drugs. The
urinalysis test concluded that five of the sixteen players had tested positive for marijuana. Since the
baseball team had demonstrated to the community and other athletic programs that athletes were
abusing drugs, lead to additional information that suspected other athletes were abusing drugs as well.
Tippecanoe County School District decided to implement a student-athlete random drug urinalysis test
for student-athletes. During the next season two athletes opposed the random urinalysis drug test and
decided to take legal action. The plaintiffs in this case were Darcy Schaill and Shelley Johnson.
Shelley Johnson was a swimmer who was on the varsity swim team the year before the random urine
drug test was implemented. Both girls had declined to sign the consent waiver allowing permission for
the Tippecanoe County School District to issue a random urinalysis to any student-athlete. The
plaintiffs claimed that Tippecanoe was violating their rights under the Fourth and Fourteenth
Amendments. The district court ruled in favor of Tippecanoe County School District allowing the
institution of the random urinalysis drug test for student-athletes. The court based its decision on many
factors. First, the court claimed that the manner the urine specimen was collected was constitutional
and those athletes relinquishing a degree of privacy rights by voluntarily participating on a team.
The Past, Present, and Future 8
However, the urinalysis is a legal search. Equally as important, the court declared the random drug
testing policy only penalized athletes that tested positive for drugs by reducing a certain percentage of
the total athletic season, therefore the policy did not violate the Fourteenth Amendment or any other
rights. Another important factor the district court took into consideration was Tippecanoe produced
three cases in which student-athletes were injured while competing under the influence of drugs.
Therefore, the court concurred with Tippecanoe that instituting a random urinalysis drug test would
assist in preventing drug induced injuries while competing in athletics. The significance of this
particular case was that it had established a precedent for other school districts, which were interested
in implementing a random drug test for middle and high school student-athletes. Tippecanoe was
significant because it provided a segue to the U.S. Supreme Court Case Vernonia S.D. 47J v. Acton.
Vernonia School District 47J v. Acton 515 U.S. 646 was the first case which addressed random
student drug testing policies in the U.S. public education system. Vernonia occurred seven years after
Tippecanoe and was the very first case that was tried by the U.S. Supreme Court. The Vernonia
School District, located in the state of Oregon, implemented a student-athlete drug testing policy to
address the pervasive drug problem within its student population. Since Vernonia noticed an increase
of student infractions caused by drug and alcohol abuse, Vernonia decided to address the problem by
implementing a urinalysis drug test for student-athletes. Also, the school district expressed that
competing in athletics increases the risk of injury and that requiring drug testing of student-athletes
would be another means for athletes from Vernonia and opponent schools to be safe. Next, the
Vernonia School District hosted a parent
night to receive feedback from parents regarding drug testing student-athletes. The parents supported
the policy. In addition, the school district required all student-athletes in the district must have a sports
physical with a licensed doctor, a signed parental athletic code of conduct consent form, and a pre-
The Past, Present, and Future 9
season mandatory urine drug test with parental consent. Equally as important, ten percent of student-
athletes would be subjected to a random urine drug test during the season. It’s important to mention if
a student-athlete is taking a prescription medication they must submit a copy of the signed prescription
to the school administration. The information would be shared only with the school administration and
not law enforcement. If a student-athlete’s urine tests returns positive then the school district would
provide a series of consequences to counseling for first time offenders and/or suspension from
athletics. The policy was challenged by James Acton, a parent of seventh grade football player, who
refused to sign parental consent for a urine drug test. Therefore, Mr. Acton’s seventh grade son was
not allowed to participate on the football team. Mr. Acton “filed suit” and wanted a hearing to
determine if the Vernonia Drug Testing Policy violated the Fourth Amendment of the U.S.
Constitution (to be free from unreasonable searches) and the Oregon Constitution.
The primary issue of the case was to determine if random student-athlete drug testing programs
violated the Fourth Amendment. The Supreme Court ruled that random student drug testing for middle
and high school athletes was acceptable. The Court’s rationale or reasoning to explain their decision
was based on three important aspects in accordance with the Fourth Amendment. First, the court
examined the privacy rights of student-athletes. According to the U.S. Supreme Court the nature of
being an athlete reduces privacy rights. Athletes dress for practices and games in locker rooms that are
wide open for any other athlete or coach to view. Also, athletes shower in locker rooms that may not
possess private stalls. Another important facet was that the U.S. Supreme Court believed that
competing in high school sports is completely on the student athletes’ own accord. Competing as an
athlete is completely based on “voluntary” participation. Second, the U.S. Supreme Court addressed if
drug testing student-athletes was “intrusive.” The court analyzed the way the drug testing was
performed. Then the U.S. court compared the manner in which student-athletes were drug tested to
The Past, Present, and Future 10
using a public restroom. Girls performed their test in a private closed door stall while an adult
supervised outside of the stall to listen for anything not appropriate. The boys provided a urine sample
with their backs turned from the person and over a urinal.
Also, it’s important to mention that the U.S. Supreme Court addressed the specifics of the reading
of the drug test. Vernonia School District made it clear that they would be examining the urine for
illegal drugs and alcohol. They would not be searching for prescription medication as long as it was
cleared with a doctor’s note before the sample. Equally as important Vernonia School District would
not share this information with law enforcement. Third, the U.S. Supreme Court examined student-
athlete drug testing and [*653] “its promotion of legitimate governmental interests.” The U.S.
Supreme Court declared that playing athletics is risky and/or dangerous. Therefore, it was in the best
interest of Vernonia to keep student-athletes as safe as possible and make certain that they were not
under the influence of drugs while participating in athletics, which proposes a greater risk of injury.
The Vernonia case assisted in establishing the safety of students, particularly students that are held to a
higher standard, as a priority. Furthermore, the Vernonia case provided a segue for schools to
randomly drug test students in athletics but other extra-curricular activities as well.
Although Vernonia occurred over twelve years ago, a more recent U.S. Supreme Court case
addressed the ability of school districts to randomly drug test students that participate in clubs or
activities such as Future Farmer’s of America, student council, band, etc…. The Board of Education
of Independent School District No. 92 of Pottawatomie County v. Earls 536 U.S. 822 (2002) has
played a significant role in public education because it has been paramount in the present context of
random student drug testing programs. The next aspect of this research paper will pertain to the
present state of random student drug testing policies in public education.
The Past, Present, and Future 11
Present
The Board of Education of Independent School District No. 92 of Pottawatomie County v. Earls
536 U.S. 822 has provided an impetus for present random student drug testing programs. In order to
comprehend present random student drug testing programs it’s vital to examine the facts of the case.
The Board of Education of Pottawatomie County School District adopted a policy that mandated
students involved in extra-curricular activities such as band, choir, academic teams, etc… as well as
sports teams would have to provide a urine sample that would be tested for illegal drugs. In addition,
students were required to provide the school district with a list of prescribed drugs or medications to
school authorities; however, the urine would only be tested for illegal drugs. Furthermore, the drug
testing results would be extremely private and only parents would be notified, not the police or
authorities. Also, students involved in extra-curricular activities that tested positive would not
penalized by the school as long as they agreed
to attend a drug counseling program and not continue to test positive for illegal drugs. The drug testing
policy was challenged by a student that participated in band and an academic team.
The student claimed the Pottawatomie County School District’s drug testing policy violated his/her
Fourth Amendment rights. The District Court ruled in favor of Pottawatomie County School District
but The United States Court of Appeals over turned the decision of the lower court and claimed
Pottawatomie County School District’s policy violated the Fourth Amendment. The U.S. Supreme
Court in a 5-4 decision reversed The United States Court of Appeals decision and ruled in favor of
Pottawatomie County School District’s policy. The Court based the decision on various aspects. First,
students participate in extra-curricular activities on their own accord. Therefore, students have less
privacy rights. Second, the method in which the urine was collected was less invasive than the method
used in Vernonia. Third, student’s privacy rights were not truly violated since the information was not
The Past, Present, and Future 12
discussed with any other parties other than the parents. Fourth, Pottawatomie County School District
provided the U.S. Supreme Court with significant data demonstrating an existing drug problem among
the student population. Finally, the U.S. Supreme Court had never established a precedent of stating
that school districts must demonstrate a drug problem before allowing random drug testing.
The Pottawatomie County School Districts random drug testing policy has expanded the
authorization of drug testing policy for school districts nation wide. The significance of
Pottawatomie’s random drug testing policy has provided some school district’s an opportunity to even
test students for weekend drinking. In January of this year, Pequannock Township High
School in Pequannock, New Jersey implemented a random urine test to find out if alcohol was
consumed over the weekend. The urine test is able to detect alcohol use from the past eighty hours and
the Pequannock School District Board of Education approved the policy
because of the increased number of alcohol related deaths of teenagers (Porter, 2007). The
Pequannock School District implemented a random drug testing program in 2005 for student-athletes,
which came about after a student that died from an overdose of heroin (Porter, 2007). Therefore,
Pequannock School District was compelled to address the underage drinking problem with the high
school student population.
Another important facet of the program is students who test positive for drugs or alcohol will
receive counseling instead of being “kicked off a team or barred from extra-curricular activities”
(Porter, 2007). Although it is evident that many school districts across this great nation are attempting
to implement drug or alcohol testing programs for student-athletes and other students, the question still
remains: Are random student drug testing programs effective? And will these programs exist in the
future?
The Past, Present, and Future 13
Future and Findings
Researcher, Joseph R. McKinney, examined the effectiveness of random student drug testing
programs. During the course of his research McKinney discovered and provided a statistical analysis
pertaining to random student drug testing programs. First, McKinney revealed that there has been an
increase among school districts adopting random student drug testing programs in the United States
(2006, p.1). Furthermore, as part of random student drug testing programs, school districts have
instituted a “larger drug awareness and prevention” component to these
programs (McKinney, 2006, p.1). Another important factor pertaining to McKinney’s research was the
empirical evidence provided which found an alarming rate of drug use within the student
population. McKinney cited a Columbia University survey that revealed that “sixty-two percent of
high school students and twenty-eight percent of middle school students” stated that drugs are
available or present at school (2006, p.1). Equally as important, McKinney provided
financial data pertaining to the negative cost factor of drug abuse among public school students.
McKinney stated that “substance abuse adds at least forty-one billion dollars each year to the costs of
elementary and secondary education” (2006, p.1). Another important research statistic McKinney
provided pertaining to drug and alcohol use among middle and high school students was “eighty-one
percent have drunk alcohol, forty-seven percent have used marijuana and twenty-four percent have
used another illicit drug” by the time they have concluded their high school careers (2006, p.1).
McKinney provides the various statistical data because the data provides a rationale explaining
random student drug testing policies. Furthermore, the U.S. Supreme Court obviously is privy to the
national drug epidemic among teenagers and has been supportive of random drug testing policies for
student-athletes and students involved in extra-curricular activities. The Supreme Court has been
supportive of random student drug testing policies because it provides public schools a means to
The Past, Present, and Future 14
control and address drug use with students. Since there has been unlimited data providing a rationale
for random student drug testing programs, it’s important to examine their effectiveness. McKinney
examined sixty-five Indiana high schools with random student drug testing programs. A survey of
these high schools revealed that the “majority of respondents reported that student drug use had
decreased since the program began, and that the random student drug testing program did not affect
student activity participation levels adversely” (McKinney, 2006, p.2). In addition, principals that were
interviewed did not believe random student drug testing policies had a negative affect on prevention
classroom programs. Equally as important, the surveyed high schools illustrated that forty-five percent
increased in student activities, forty-six percent increased in student
participation in athletics, and seventy-nine percent of the schools achieved higher graduation rates
since the inception of random student drug testing programs. Therefore, quantitative and qualitative
data exists supporting random student drug testing programs; however, policies of this nature are very
political in a school district. The political aspects of random student drug testing may place a burden
on school leaders, particularly school superintendents. School superintendents are the primary forces
in sustaining, promoting, and establishing future random student drug testing policies. The final aspect
of this paper will focus on the future of random student drug testing policies in United States public
schools.
In order to examine the future of random student drug testing programs it’s paramount in
understanding the superintendent’s perspective, financial dilemma, and the option of providing
prevention programs.
The superintendent of a school district must be a strong proponent of random student drug testing
programs for a school board to consider adopting policies of this nature. Furthermore, the
superintendent should provide quantitative and qualitative reasons supporting random student drug
The Past, Present, and Future 15
testing programs and the overall benefit the programs will have for its student population. Research
pertaining to studying superintendents and their attitudes toward random student drug testing policies
is limited and unsupportive. A study completed by DeMitchell, Carroll, and Schram in 2006 focused
on superintendents and drug testing policies. According to the study
only “15 percent” of superintendents were considering creating a drug testing policy after the
Vernonia court case and “69 percent” were not considering to develop one at all (p.2). Equally as
important, the research focused on twenty-five school districts which currently have random
student drug testing policies for student-athletes and the attitudes of school superintendents toward
such policies. As previously stated many superintendents were not interested in developing random
student drug testing policies after Vernonia, and “thirty-nine percent” of superintendents strongly
believe that their communities will not support random student drug testing for student-athletes
(Carroll, DeMitchell, & Schram, 2006, p.12). The rationale behind school superintendents in this study
not advocating for the implementation on random student drug testing policies revolves around four
main factors. The four pertinent factors superintendents consider are “personal viewpoint, school
board’s viewpoint, research, and court decisions” (Carroll, DeMitchell, & Schram, 2006, p. 16). The
main factor regarding the superintendent perspective evolves around the political nature of the
superintendent position. As evidence has indicated in this research paper (see McKinney), there is an
overall benefit for public schools that adopt random student drug testing policies for student-athletes.
However, superintendents have to weigh the positive benefit and the school board’s perspective in
considering drug testing policies as an option. According to Charles Russo and Timothy Ilg, authors of
the article “Drug Testing of Students: Suggestions for Sound Policy Development,” public school
superintendents should follow a specific protocol when contemplating on adopting random student
The Past, Present, and Future 16
drug testing policies for student-athletes (p. 2, 1999). For example, the authors state school
superintendents should have a discussion with the board of education and provide
drug use data among current students (p.2, 1999). Next, the superintendent should consider the
“community’s attitude toward the perceived drug problem and review pre-existing and policies and
practices” (Ilg and Russo, 1999, p.2). Then, the school superintendent should formulate a
district task force pertaining to a random student drug testing program for student-athletes, followed
by drafting a policy (Ilg and Russo, 1999, p.2). Another important aspect of the task force and the
superintendent would be to “examine the cost factors” when considering adopting a drug testing policy
for student-athletes, which is a segue to the next aspect of this research.
Russo and Ilg found drug testing students would cost twenty to thirty dollars per test for illegal
drugs, and to test for steroids would be one hundred dollars per sample (p.2, 1999). Equally as
important, the authors point out that other expenses would be a significant cost factor such as
providing funds for staff to coordinate the testing (Ilg and Russo, p.2, 1999). In addition, according to
the National Federation of High Schools there are many financial factors to consider when drug testing
student-athletes. There are two main types of drug tests or methods available to schools. First, the
immunoassay or radioimmunoassay, which is utilized for testing drugs such as amphetamines,
marijuana, cocaine, opiates, and PCP
(www.nfhs.org/web/2004/04/drug_testing_how_much_does_drug_testing_cost). The second drug test
is gas chromatography-mass spectrometry which screens for steroids. The cost of immunoassay test is
between twenty and fifty dollars and for gas chromatography is between eighty and one hundred
twenty dollars. Also, if a school would like to test for additional drugs, such as alcohol, nicotine, and
LSD the cost would increase ten dollars per substance,
(www.nfhs.org/web/2004/04/drug_testing_how_much_does_drug_testing_cost). Even though
The Past, Present, and Future 17
random student drug testing programs are fantastic in theory, they are extremely expensive. Major
public high schools in the suburban areas of Chicago typically will have a range of four to six hundred
athletes for the year. If a school decides to drug test student-athletes the accrued cost
will be astronomical and considering the financial status of many districts in the state of Illinois,
implementing random student drug testing programs is not a viable of option. Therefore,
superintendents and school districts may want to pursue less expensive options that may be productive
in reducing drug use amongst student-athletes. Drug use prevention programs may be an affordable
option for public schools that don’t have the financial resources to implement random student drug
testing programs.
The Illinois High School Association, which is the organization that oversees public and private
schools that offer athletic teams, provides prevention resources to high schools in Illinois. For
example, the IHSA offers a free program that encompasses the Illinois Learning Standards and
provides resources on preventing steroid use among high school student-athletes
(http://www.ihsa.org/sportmed/success.htm). As far as the National level is concerned the National
Federation of High Schools has “taken a proactive role toward nationwide steroid awareness by
establishing a campaign titled “Make the Right Choice” (www.nfhs.org/web/2005/0/nfhs). The
program provides public schools with educational DVD’s with video highlights from high profile
athletes and coaches on the negative effects of steroids. Furthermore, “Make the Right Choice”
provides schools with posters and brochures with the nuts and bolts of steroid abuse (Bubp, 2005, p.1).
Another program that has been proactive in preventing steroid abuse with student-athletes is called
“ATLAS.” ATLAS is defined as the
The Past, Present, and Future 18
Adolescents Training and Learning to Avoid Steroids program (Mathias, 1997, p. 2). The purpose of
the program is to provide training and information to parents and students about the harmful effects of
steroids and give the appropriate “knowledge and skills to resist steroid use”
(Mathias, 1997, p.2). It is apparent that state and national high school associations focus on steroid use
among athletes; however, public schools and school leaders may continue to look at local resources to
provide educational prevention opportunities.
The purpose of this research was to examine the past, present, and future of random student drug
testing programs for high school student-athletes. The research analyzed precedent setting U.S.
Supreme Court cases pertaining to search and seizure and the Fourth Amendment of the U.S.
Constitution. Furthermore, the research analyzed The Board of Education of Independent School
District No. 92 of Pottawatomie County v. Earls 536 U.S. 822 case, which expanded random student
drug testing programs to other extra-curricular activities. Furthermore, the research addressed the
superintendent’s perspective, financial costs, and the benefit of prevention programs that focused on
steroids. In closing, it’s important to reiterate that random student drug testing programs may be
beneficial for public schools to control and address drug abuse within its student population. However,
the financial cost of these programs may not be a realistic option for most public schools.
The Past, Present, and Future 19
References
Bjorklun, E.C. (1994). School locker searches and the fourth amendment. West’s Education Law Reporter, 92, 1-8.
Board of Education of Independent School District No. 92 of Pottawatomie County v. Earls, 536 U.S. 822 (2002).
Bubp, J. (2005). NFHS encourages support of steroid education. Retrieved on March 14, 2007 from www.nfhs.org/web/2005/07/nfhs_encourages_support_of_steroid.aspx.
Carroll, DeMitchell, & Schram (2006). Student drug testing policies: The Superintendent and the courts. West’s Education Law Reporter, 206, 1-26.
Champion, W.T. (1997). A critical look at the so called locker room mentality as a Means to rationalize the drug testing of student-athletes. Villanova Sports and Entertainment Law Journal, 4, 8297 words.
Drug Testing-How Much Does Drug Testing Cost? Retrieved on March 14, 2007 from www.nfhs.org/web/2004/04/drug_testing_how_much_does_drug_testing_cost.
Griffin v. Wisconsin, 483 U.S. 868 (1987).
http://www.ihsa.org/sportmed/success.htm
Ilg, T.J. & Russo, C.J. (1999). Drug testing of students: Suggestions for sound Policy development. West’s Education Law Reporter, 134, 1-4.
Lloyd, D., O’Malley, P., Yamaguchi, R. (2003). The Relationship between Student Illicit Drug Use and School Drug Testing Policies. Journal of School Health, (Retrieved February 4, 2007 from Eric FirstSearch, ERIC No. ED. 476 910).
Mathias, R. (1997). Steroid program scores with high school athletes. National Institute of Drug Abuse, 12, 1-4.
McKinney, J.R. (2006). The effectiveness and legality of random student drug Testing programs revisited. West’s Education Law Reporter, 205, 19- 31.
Moreno J.D. & Shamoo, A.E. (2004). Ethics of research involving mandatory drug Testing of high school athletes in oregon. American Journal of Bioethics, 4, 25-31.
New Jersey v. T.L.O., 469 U.S. 325 (1985).
The Past, Present, and Future 20
Russo, C.J. and Morse, T.E. (1995) Drug testing of student athletes: Another weapon in the war against drugs. School Business Affairs 61 (12): 60-62.
Schaill v. Tippecanoe County School Corporation, 864 F. 2d 1309 (1988).
School to Test for Student’s Weekend Drinking. Retrieved January 31, 2007 from www.cnn.com/2007/EDUCATION/01/30teen.drinking.ap/index.html
Shields, E.W. (1998). Relative likelihood of in-season and off season use of alcohol by High school athletes in North Carolina: Trends and current status. Journal of Alcohol and Drug Education, 43, 48-63.
Taylor, R. (1997). Compensating behavior and the drug testing of high school athletes. Cato Journal, 16.
Vernonia School District 47J v. Acton, 515 U.S. 646 (1995).
Wang, J. and Moyer, C. (2007, February 13). Oswego Residents, Schools Mourn Lost, Injured Teens. The Aurora Beacon News. Retrieved February 18, 2007, from http://www.suburbanchicagonews.com/beaconnews/news/254474,2_1_AU13_FATALCRASH_S2.article.
.
The Past, Present, and Future 21
The Past, Present, and Future 22
The Past, Present, and Future 23