Mandatory drug testing has become commonplace wherever we look. “Olympic athletes must submit urine samples to prove they are not doping. The same is true for Tour de France cyclists, N.F.L. players, college athletes, and even some high school athletes.” A previous post on this website discusses in greater detail the permissible use of drug tests on students who wish to participate not only in sports but also in any other extracurricular school activity. This type of search is subject to a reasonableness standard, though exceptions may apply irrespective of whether or not the school district suspects your child is abusing illicit drugs. 
This brings me to my question of the day: is it reasonable to ask a middle school child, who wants to participate in her school’s scrapbooking club, to pee in a cup?
Random Drug Testing in Middle School
School districts in at least nine States – Connecticut not included – have extended the use of random drug tests to include middle school students. Administrators cite surveys that show early use of drugs; one superintendent in Oregon explained, “The hope is, if you know you’re going to be tested, you just don’t start using. We’re trying to break the cycle before it starts.” A member of the Student Drug-Testing Coalition stated:
It starts early with kids. You want to get in there and plant these seeds of what’s out there and do prevention early. The 11th and 12th graders, most of them have already made a choice. But the eighth graders, they’re still making decisions, and it helps if you give them that deterrent.
Critics question the effectiveness of drug testing. “There’s little evidence these programs work. Drug testing has never been shown to have a deterrent effect,” noted Dr. Linn Goldberg. Dr. Goldberg’s 2007 study of athletes at eleven high schools, half of which with drug testing and the other half without, “found that athletes from the two groups did not differ in their recent use of drugs or alcohol.”
Furthermore, civil rights groups and parents argue that the drug tests violate students’ privacy rights, and depending upon relevant state law, courts appear more willing to issue injunctions or other orders halting policies that are deemed unconstitutional. Thus, it will be particularly interesting to see how this line of cases – random drug testing in middle schools – proceeds in courts nationwide, and whether it will culminate into the next Vernonia or Earls.
Written by Lindsay E. Raber, Esq.
Should you have any questions regarding drug testing in schools, school searches in general, or any other education law matter, please do not hesitate to contact Attorney Joseph C. Maya, Esq. He may be reached at Maya Murphy, P.C., 266 Post Road East, Westport, Connecticut (located in Fairfield County), by telephone at (203) 221-3100, or by email at JMaya@mayalaw.com.
 “Middle Schools Add a Team Rule: Get a Drug Test,” by Mary Pilon. Published September 22, 2012. Accessed October 10, 2012: http://www.nytimes.com/2012/09/23/sports/even-some-middle-schools-now-test-for-drugs.html
 “Advocating on Your Child’s Behalf: A Parent’s Guide to Connecticut School Law,” by Joseph C. Maya, Esq., at 60.
 “Some Ore. schools test for drugs in middle school,” by the Associated Press. Published September 23, 2012. Accessed October 10, 2012: http://www.ctpost.com/news/article/Some-Ore-schools-test-for-drugs-in-middle-school-3887608.php
 See Footnote 1.
 See, e.g., “Judge Stops Enforcement of School District’s Suspicionless Drug Testing Policy,” by the American Civil Liberties Union of Pennsylvania. Published July 26, 2011. Accessed October 10, 2012: http://staging.aclupa.org/news/2011/07/26/judge-stops-enforcement-of-school-districts-suspicionless-drug-testing-policy
 Vernonia School District 47J v. Acton, 515 U.S. 646 (1995).
 Board of Education Independent School District No. 92 v. Earls, 536 U.S. 822 (2002).