[43] See Affidavit of Nancy Warwick, Defendants' Exhibit "J.". 515 U.S. 646, 659, 115 S. Ct. 2386, 2394, 132 L. Ed. 92 of pottawatomie county, et al., petitioners. Earls v. Board of Educ., Tecumseh Public School Dist., 115 F. Supp. 91 - 92). [20] Prior to adopting the drug testing policy, the District had implemented several educational programs and security measures designed to deter drug use. (Plaintiffs' Brief in Opposition to Defendants' Summary Judgment Motion). Under the circumstances, the Court finds that the invasion of privacy was not significant. Id. Vernonia, 515 U.S. 646 at 655, 115 S. Ct. 2386 at 2392. [25] The Court explained that because public school children are required to submit to physical examinations and be vaccinated, they have a lesser privacy expectation with regard to medical examinations and procedures than the general population. Obviously, one does not usually encounter these particular intrusions when using a public restroom.

[32] Although they may not be as rigorous as those relating to student athletic programs, extracurricular clubs and activities, particularly those of a competitive nature, *1290 will have their own rules and requirements for participating students that do not apply to the student body as a whole. Defendants' Exhibit "J," p. 234. �=9;T���R΂��3M��)�l�4��_�_�6��H�6����M��E��6��>���//�bR����Px��� ��P��V9����;~(s��V�6��o^����w}E-}��g�*�);9�����m���z}�?Q���N��x��b���q�g"A溄�N��8���*�}�T�52�'����ȋE=iO��u�����'�.' denied, 525 U.S. 824, 119 S. Ct. 68, 142 L. Ed. The students are directed to a restroom, where a faculty member serves as a monitor. In such an environment, the mission of the school is thwarted, to the detriment of both the drug-impaired pupils and the innocent. As the Supreme Court explained in Vernonia, illegal drug use by adolescent schoolchildren also presents special concerns.

The Supreme Court's holding in Vernonia does not require a school district to isolate those students most likely to use drugs. Vernonia, supra; National Treasury Employees Union v. Von Raab, 489 U.S. 656, 665 - 668, 109 S. Ct. 1384, 103 L. Ed. The Court rejects the Plaintiffs' contention that only suspicion-based drug testing would be reasonable within the meaning of the Fourth Amendment. The samples were collected by teachers, who stood outside bathroom stalls.

(See Plaintiff's Exhibit "O"). The U.S. Department of Justice has submitted an amicus brief on Board of Education of School District No.

1358, 1369 (W.D.Mich.1990); Burka v. New York City Transit Authority, *1287 739 F. Supp. Plaintiffs' Exhibit "E," pp. Students were not reported to the police, and only repeated positive tests or refusals to participate in counseling could have led to students being excluded from extracurricular activities.

Board of Education of Independent School District No. The Court finds it unnecessary to resolve this dispute under the circumstances. The Supreme Court of the United States is the final court of appeal and final expositor of the Constitution of the United States, and, as such, it makes decisions that have far-reaching consequences on issues ranging from freedom of speech to commerce. Marijuana causes `irregular blood pressure responses during changes in body position,' `reduction in the oxygen-carrying capacity of the blood,' and `inhibition of the normal sweating responses resulting in increased body temperature.'

The Plaintiffs complain that when consent forms were being collected, the choir teacher "looked at students' list[s] of prescription drugs and left the lists where other students could see them." In context, it appears that the author meant that drugs were not believed to be a "major" problem as compared to alcohol and tobacco.


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