pottawvearls

(U. S., 2002)
 * POTTAWATOMIE COUNTY v. EARLS**

__Facts:__ R (Earls) – parents who believe that random drug testing is a Fourth Amendment violation P (School district) – drug testing for any competitive extracurricular activity

__Issues / Answers:__ Can a school conduct suspicionless drug testing of students in any extracurricular activities without demonstrating an identifiable drug abuse problem? YES.

__Basis / Rationale:__ Legal Basis – Fourth Amendment Rights for students Rationale – School has need for custodial and tutelary relations with students and must act swiftly and informally to protects children.

__Notes:__ Tecumseh, OK School District required all middle and high school students to consent to drug testing to participate in extracurricular activities, especially competitive ones.

High school students and parents claimed violation of Fourth Amendment.


 * District Court –** Summary judgment (threw it out of court) on basis of Vernonia (a case about student athletes in a community with a major drug problem).


 * Circuit Court** – Reversed claiming it did violate the 4th Amendment and that the school district must demonstrate identifiable drug abuse problems among a sufficient number of those tested to justify testing.

Judge Thomas delivered the opinion, Rhenquist, Scalia, Kennedy and Breyer joined. O’Connor, filed a dissenting opinion which Souter joined and Ginsburg also filed a much longer dissent. These dissenters did not agree with Vernonia and therefore did not agree with this decision.
 * Supreme Court** – “It is entirely reasonable for the School District to enact this particular drug testing policy.”