Hawaii high schoolers are not likely to be subjected to random drug testing anytime soon, despite a U.S. Supreme Court ruling last week that upheld a school's right to test any student who joins competitive after-school activities and teams. No drug tests planned
at schools in HawaiiBy Treena Shapiro
tshapiro@starbulletin.comThe 5-4 decision means that schools can administer drug tests regardless of whether there is evidence that a student has used drugs. Previously random testing had been allowed only for student athletes.
"We find that testing students who participate in extracurricular activities is a reasonably effective means of addressing the school district's legitimate concerns in preventing, deterring and detecting drug use," Justice Clarence Thomas wrote for the majority.
Thomas Yamashita, director of the state Department of Education's Civil Rights Compliance Office, said to his knowledge there is no policy of drug testing any students in the public school system, and any policy change would go through the Board of Education.
"I don't see any immediate reaction in response to the Supreme Court decision," he said.
Random drug testing without probable cause would violate the state Constitution, according to Vanessa Chong, executive director of the American Civil Liberties Union of Hawaii.
Chong said the state Constitution has a privacy clause that states, "The right of people to privacy is recognized and should not be infringed without the showing of a compelling state interest."
The ACLU would challenge any drug testing policy that would test students without evidence that they had used drugs, she said.
"We're pleased that right now in Hawaii there are no random drug testing policies that exist that punish students in order to find the guilty few, and we hope the (DOE) does not change their position," she said.
State Department of Education
