Federal Observer
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September 3, 2010

Vol. 10, No. 245

Will Congress Fund School Drug Tests?

By Hans S. Nichols and Scott Hagen - Insight On The News

Drug testing in high schools may get another helping hand - this time from Congress, or so hopes Rep. John Peterson (R-Pa.). He has introduced legislation to provide federal funding to cover the cost of testing for illegal drugs in high schools, which can run from $5 to $30, depending on the method.

In early July, the U.S. Supreme Court ruled that high-school students involved in extracurricular activities could be required to submit to drug testing. Privacy and drug-decriminalization groups voiced disappointment. "We believe the testing of students violates their Fourth Amendment right to protection from unreasonable search and seizure," says Shawn Heller, national director of Students for Sensible Drug Policy (SSDP).

"If a student wants a Tylenol he needs parental consent, but not for an invasive drug test," Heller says. "The role of schools is to educate, not investigate and incriminate. Schools can perform a useful rule in educating students about the real harms of drug and alcohol use."

But Peterson wants testing and, not surprisingly, similar sentiments prevailed at the Drug and Alcohol Testing Industry Association conference where he unveiled his plans. Manufacturers of the tests in attendance suggested that groups such as SSDP have a hidden agenda, trotting out the privacy argument when their real goal is some sort of drug legalization.

"You're either for something or against it," Peterson says. "Somehow we have got to sell drug testing because that's the best deterrent" to prevent young people from trying drugs. He also believes the drug war will be won by reducing use, because there always will be willing and able suppliers. "We have to cut demand," he says.

Not to be left out of the debate about drug testing, Steven Soifer, president of the International Paruresis Association (the so-called "Shy Bladder" group), has his own set of privacy concerns, especially for students who might have difficulty filling a bottle with urine. "The urine sample should not be the gold standard for drug testing," he insists. "Saliva tests are just as effective." Peterson seemed agreeable to that suggestion and assured Soifer that he supports saliva sampling as well.