High School

[JessicaLilly]

Can a school legally drug test you based on something that was said in confidentiality??

 

[Betty3]

Does your school have any type of drug testing policy?

 

[army judge]

Can a school legally drug test you based on something that was said in confidentiality??

Yes, public schools were given the authority to randomly drug test students by this Supreme Court decision.

http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=us&vol=000&invol=01-332

http://www.sweetstevens.com/articles/documents/RandomDrugTests_000.pdf

Although the U.S. Supreme Court has held that random drug testing of various categories of
students without any evidence of wrongdoing based on general concerns for the student populous is
federally constitutional, the Pennsylvania Supreme Court's decision, to the contrary, in Theodore v.
Delaware Valley School District, 836 A.2d 76 (Pa. 2001), is the law in Pennsylvania. In Delaware
Valley, the Court held that random drug testing of students who participate in extracurricular activities is
not permissible unless school authorities make some actual showing of a "specific need" for the random
drug testing based on the greater protection that Pennsylvania's Constitution provides to students than
does the United States Constitution.

http://www.sweetstevens.com/articles/documents/RandomDrugTests_000.pdf

That said, you should request to contact your parent or guardian before submitting to such tests.

Do not refuse the test, per se, rather request to inform your parent BEFORE consenting to anything.

http://recovergateway.org/resources/parents/drug-testing-schools/