By Brianna Kelly –
When a student attempts to join a club or sports team, they are usually given a paper that requires parental consent to a drug test.
The American Civil Liberties Union (ACLU) proclaimed this unconstitutional when this form was given to an 11-year-old girl who was attempting to play viola for her school orchestra in the Solanco School District. Her parents refused to sign the consent form and the girl, identified as M.M, was turned away from the position, according to the Intelligencer Journal/Lancaster New Era.
The Fourth Amendment of the U.S Constitution: The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
Solanco school district is now fighting the ACLU law challenge and Penn Manor school district officials say they are keeping a close watch since they have their own voluntary drug testing program for students.
“We’re not trying to violate students’ rights,” said Phillip B. Gale, Principal of Penn Manor High School “We’re just trying to be proactive in the student’s best interests.”
As of right now, Penn Manor schools are just watching the case. If Solanco must drop their drug testing, Penn Manor will take a closer look at their policies.
No statement is available from the Solanco school district until the lawyers finish the case review, said Keith Kauffman, the Solanco school district spokesman.
I agree with the little girl and her parents. It is unconstitutional to randomly drug test, especially when the constitution clearly states that probable cause and a warrant are needed to search someones body or property. Penn Manor should change its policies regardless of what Solanco does.