California Court Enjoins Drug Testing Program

A state judge in California has enjoined Shasta Unified School District from conduct drug testing on all students participating in extracurricular activities. Usually, school districts only test student athletes, however, Shasta has taken the program a step further.

Although the United States Supreme Court has already held such programs as valid under the United States Constitution, the California judge believes the program could violate the California Constitution. State constitutions can afford citizens of the state greater protection of individual rights than the federal constitution.

A number of other such suits have been filed in other states. Two have upheld the programs, while the other two have held that drug testing all extracurricular participants violate privacy rights protected under state constitutions.

The lawsuit was filed on behalf of three Shasta students by the American Civil Liberties Union.

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