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NJ School Mandatory Drug Test

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Da Hui View Drop Down
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    Posted: 31 January 2007 at 9:44am

http://news.bostonherald.com/national/view.bg?articleid=1802 01

Found this on the MJ morning show website. I for one am against. Thoughts?

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Post Options Post Options   Thanks (0) Thanks(0)   Quote Reb Cpl Quote  Post ReplyReply Direct Link To This Post Posted: 31 January 2007 at 9:46am

Against? Why.

As far as I can tell, if you're on school property, and they have the right to search lockers and bags, this isn't any different.

I say go for it.

While they're at it, I say they should make drug testing for teachers mandatory as well.

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Post Options Post Options   Thanks (0) Thanks(0)   Quote Da Hui Quote  Post ReplyReply Direct Link To This Post Posted: 31 January 2007 at 9:49am

I have nothing against them searching you or locker or anything like that, but requiring somebody to take a drug test in a public school is an invasion of privacy. If you want to drink underage on you own time thats your business, not your schools.

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Post Options Post Options   Thanks (0) Thanks(0)   Quote Reb Cpl Quote  Post ReplyReply Direct Link To This Post Posted: 31 January 2007 at 9:52am
Originally posted by Da Hui Da Hui wrote:

I have nothing against them searching you or locker or anything like that, but requiring somebody to take a drug test in a public school is an invasion of privacy. If you want to drink underage on you own time thats your business, not your schools.

Why isn't it the school's business when their student population is drinking under age to the point where their academic progress backslides, or they get hurt/killed doing something stupid?

How can any school hope to turn out productive students when they're getting smashed all the time?

Oh yeah, and underage drinking is illegal isn't it? So since there's a law against it, finding the purpetraitors of that law doesn't seem like a bad idea to me.

 

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Post Options Post Options   Thanks (0) Thanks(0)   Quote Justice Quote  Post ReplyReply Direct Link To This Post Posted: 31 January 2007 at 9:55am

If your under the age of 18 you have no rights.

 


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Post Options Post Options   Thanks (0) Thanks(0)   Quote High Voltage Quote  Post ReplyReply Direct Link To This Post Posted: 31 January 2007 at 10:01am
Originally posted by Justice Justice wrote:

If your under the age of 18 you have no rights.

 


Dear god, how could two people on this forum screw up the constitution that bad...

Reb, stealing is illegal too, but before you search a person's home, you have to get a warrant for it. I'm with the OP, this isn't right, or fair.

How did they get a federal grant for this crap?


Edited by High Voltage - 31 January 2007 at 10:05am
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Post Options Post Options   Thanks (0) Thanks(0)   Quote Clark Kent Quote  Post ReplyReply Direct Link To This Post Posted: 31 January 2007 at 10:17am
This one seriously creeps me out...
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Post Options Post Options   Thanks (0) Thanks(0)   Quote little devil Quote  Post ReplyReply Direct Link To This Post Posted: 31 January 2007 at 10:27am

wow. if youve been drinking on the weekend theyll kick you off  teams and extra curricular activities and want you to take counseling

at first i thoguht they just meant in school, like they thought you were on drugs or watever, not what you do in your personal time, thats ridiculous

kids arent allowed to be kids

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Post Options Post Options   Thanks (0) Thanks(0)   Quote Reb Cpl Quote  Post ReplyReply Direct Link To This Post Posted: 31 January 2007 at 10:29am

Schools do not need warrants to search a student's locker or bag for illegal or stolen items. All they need is reasonable suspicion.

NJ vs. TLO stated that public schools are representatives of the state, and that searches ARE legal as long as they aren't excessively intrusive.

More to the point of this issue:

"Urine tests of student athletes were upheld in Vernonia School v Acton (515 US 646 [1995]), when the court again used in loco parentis, a lowered expectation of privacy for athletes, and the need for deterrence of drug use, particularly among athletes, as justifications for forced testing. Said the Court: "Fourth Amendment rights, no less than First and Fourteenth Amendment rights, are different in public schools than elsewhere; the "reasonableness" inquiry cannot disregard the schools' custodial and tutelary responsibility for children."

If they can drug test athletes, why not the rest of them?

http://www.usconstitution.net/consttop_stud.html

 



Edited by Reb Cpl - 31 January 2007 at 10:29am
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Post Options Post Options   Thanks (0) Thanks(0)   Quote Clark Kent Quote  Post ReplyReply Direct Link To This Post Posted: 31 January 2007 at 10:31am

Because athletes voluntarily went out for sports.

And the lockers are school property.

I view these tests as similar to schools randomly searching students rooms - IN THEIR HOUSES - without a warrant.

This is complicated stuff, but this seriously creeps me out.

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Post Options Post Options   Thanks (0) Thanks(0)   Quote Tae Kwon Do Quote  Post ReplyReply Direct Link To This Post Posted: 31 January 2007 at 10:33am
I think it is safe to say that half the forum population is glad they don't live in New Jersey. [Like they weren't already]

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Post Options Post Options   Thanks (0) Thanks(0)   Quote Da Hui Quote  Post ReplyReply Direct Link To This Post Posted: 31 January 2007 at 10:34am
Originally posted by Reb Cpl Reb Cpl wrote:

Schools do not need warrants to search a student's locker or bag for illegal or stolen items. All they need is reasonable suspicion. We are not talking about going through a backpack though. If someone brings alochol or anything else to school yes I think they should be punished.  

NJ vs. TLO stated that public schools are representatives of the state, and that searches ARE legal as long as they aren't excessively intrusive. What would you deem to be excessively intrusive? Yet again we are not talking about someone being under the influence at school we are dealing with being tested Monday morning to make sure we didnt have a beer on Saturday.

Edit: Clark you just made my point exactly.



Edited by Da Hui - 31 January 2007 at 10:34am
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Post Options Post Options   Thanks (0) Thanks(0)   Quote Reb Cpl Quote  Post ReplyReply Direct Link To This Post Posted: 31 January 2007 at 10:36am

But the question to be asked is:

If noone else of doing something about excessive underage drinking, why then can't the state?

It would have to have been a serious problem for this state to want to require it. If its a problem, it needs to be stopped.

The parents and local police forces aren't doing anything about it, why can't the state through the medium of the schools?

Essentially, voting against something along these lines would be paramount to either ignoring the existing problem, or condoning the deviant behavior of underaged drinking.

I still fail to see a problem with it. I would have contested it when I was in high school, but thats because i wasn't able to make mature, rational decisions back then, which is the entire point of this case.

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As a NJ resident, I am glad to be out of high school and I am against it.
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Post Options Post Options   Thanks (0) Thanks(0)   Quote jerseypaint Quote  Post ReplyReply Direct Link To This Post Posted: 31 January 2007 at 10:39am
Drug test are one thing, but testing for alcohol is another.

Funny thing is, I'm about 25min away from that school. And they are a rival wrestling team, so I'm actually happy even though I'm against the idea in general.
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Post Options Post Options   Thanks (0) Thanks(0)   Quote Da Hui Quote  Post ReplyReply Direct Link To This Post Posted: 31 January 2007 at 10:41am
Originally posted by Reb Cpl's Link Reb Cpl's Link wrote:

A tactic undertaken by more and more schools of late is that of searching of student lockers, bags, and of their persons.

I dont see anywhere in that where it states the drug/alcohol tests are legal.
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Post Options Post Options   Thanks (0) Thanks(0)   Quote Reb Cpl Quote  Post ReplyReply Direct Link To This Post Posted: 31 January 2007 at 10:42am

Look, several times in the last few years, students have been in deep trouble for drinking alcohol within the walls of the school I work at itself.

Where does this behavior start? On the weekends when theres a lack of supervision over irresponsible, reckless adolescents who, despite their own beliefs are NOT capable of making decisions themselves.

At 15-18, you're going through a serious volatile time in your life. Having alcohol added to it, coupled with the apparent indifference of your authoritative figures only makes things worse.

If its a problem, it should be stopped. If they're underage and in violation of the law, they should be in trouble for it.

If your argument is "but they're not doing it at SCHOOL, how come they get in trouble?" How come its okay for bus drivers, state employees and other workers dependant on the standings of their employers to be ejected from employment for failing a drug test, should they have smoked weed on friday night after work? If thats all legal, then so should be the testing of students in a state facilitated school, regardless of wether or not their hazardous activities are taking place on or off school grounds. ESPECIALLY if they're underaged.



Edited by Reb Cpl - 31 January 2007 at 10:43am
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Post Options Post Options   Thanks (0) Thanks(0)   Quote impulse! Quote  Post ReplyReply Direct Link To This Post Posted: 31 January 2007 at 10:43am
sucks to live in NJ
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Post Options Post Options   Thanks (0) Thanks(0)   Quote Reb Cpl Quote  Post ReplyReply Direct Link To This Post Posted: 31 January 2007 at 10:44am
Originally posted by Da Hui Da Hui wrote:

Originally posted by Reb Cpl's Link Reb Cpl's Link wrote:

A tactic undertaken by more and more schools of late is that of searching of student lockers, bags, and of their persons.

I dont see anywhere in that where it states the drug/alcohol tests are legal.

That was just to indicate the types of authority that the schools have granted to them as a state representative. Sorry for not clarifying.

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Post Options Post Options   Thanks (0) Thanks(0)   Quote Clark Kent Quote  Post ReplyReply Direct Link To This Post Posted: 31 January 2007 at 10:46am
Originally posted by Reb Cpl Reb Cpl wrote:

But the question to be asked is:

If noone else of doing something about excessive underage drinking, why then can't the state?

Now that's an interesting question.  And a complicated one at that.  But even if we presume that this is an appropriate function of the state, is there not a less 1984ish way of going about it?  Other countries have drinking issues as well - have we looked at what they have done?

And what exactly make "underage drinking" a problem?  Is it just "alcohol is bad, mmkay", or is there a particular effect (driving, pregnancy, w/e) that we are worried about?  And if so, can we target the final problem rather than drinking in general?

This whold thing seems a bit knee-jerk to me.  I could be wrong, but I'm guessing that not a lot of thought went into this.  My experience with school board politics is that it is all about hysterical parents that have no sense of law, economics, social science, or anything else, and flip out about any damn thing without any investigation at all.

Quote It would have to have been a serious problem for this state to want to require it. If its a problem, it needs to be stopped.

Did I read the article wrong?  I thought this was a school district, not a state-level policy.

Quote Essentially, voting against something along these lines would be paramount to either ignoring the existing problem, or condoning the deviant behavior of underaged drinking.

Absolutely disagree 100%.  Absolutely.  If anything, I would suggest the opposite.  My theory on why there is so much goofy behavior by teenagers in this country (and college students as well) is that we have this big-brother approach in our schools.  In many other countries, high-school students are treated like responsible adults.  If you treat someone like a child, they tend to act like one.

Shouldn't we be teaching our teenagers how to be adults?

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