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ACLU (American Civil Liberties Union) Says First National Study on Student Drug Testing Confirms Policy is Ineffective as Well as Unconstitutional

May 19, 2003
FOR IMMEDIATE RELEASE
NEW YORK – Citing the first-ever large-scale national study confirming that school drug testing fails to curb student drug use, the American Civil Liberties Union today called on schools to heed these important new findings and end drug testing programs.
" In light of these findings, schools should be hard-pressed to implement or continue a policy that is intrusive and even insulting for their students, especially when drug testing fails to deter student drug use," said Graham Boyd, Director of the ACLU Drug Policy Litigation Project.
While school drug testing has recently become a huge topic of debate in the courts, in schools, and among the general public, there has not, until now, been any conclusive research on whether drug testing is effective in addressing student drug use and how widespread testing is in schools. This federally funded study answers both of these questions.
The study, published last month in the Journal of School Health, a peer-reviewed publication of the American School Health Association, found no statistical difference regarding rates of drug use between schools that implemented drug testing policies and those that had not. Analyzing data collected between 1998 and 2001 from 76,000 students in 8th, 10th and 12th grades, the study found that drug testing of any kind was not a significant predictor of marijuana or other illicit drug use by students, including athletes.
The United States Supreme Court, which allowed random school drug testing twice for athletes and students in competitive, extra-curricular activities, both times relied on the premise that drug testing plays an important role in deterring drug use. "Obviously, the Justices did not have the benefit of this study," said Boyd, who last year argued against an Oklahoma school drug testing policy in a Supreme Court challenge. "But schools do, and we urge them to heed these results."
The study concludes that "drug testing in schools may not provide a panacea for reducing student drug use that some (including some on the Supreme Court) had hoped…To prevent harmful student behaviors such as drug use, school policies that address…key values, attitudes, and perceptions may prove more important in drug prevention than drug testing."
The study also found that the percentages of schools adopting drug testing policies between 1998 and 2001 was relatively low, with only 18 percent of schools implementing drug testing policies, the majority focusing on those who are suspected of using drugs. Suspicionless drug testing was far less common: less than five percent of schools in the study drug tested athletes, and only two percent of schools drug tested students in extracurricular activities.
The ACLU, which has been fighting random student drug testing, welcomed this news. "The research in this study supports the opinion of doctors, social workers and education professionals – many of whom submitted friend-of-the-court briefs supporting the ACLU’s Supreme Court challenge – that students and student athletes should not be singled out for involuntary screening for drugs," Boyd said.
" As a policy matter, violating students’ rights while doing nothing to reduce the amount of drug use in schools makes little sense," he added, noting that other studies have demonstrated that the single best way to prevent drug use among students is to engage them in extra-curricular activities.
One of the lead researchers of the study is Dr. Lloyd D. Johnston of the University of Michigan at Ann Arbo, who is also a senior researcher of the Monitoring the Future survey, the leading national survey that documents trends in student drug use and attitudes about drugs.
The study was financed by grants from the National Institute on Drug Abuse, part of the National Institutes of Health, and the Robert Wood Johnson Foundation.

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Statistics vary widely on the likelihood of drug testing false positives, depending on the test and the lab. Civil libertarians say 5 percent is a conservative estimate.
Medical experts acknowledge that false positives aren’t impossible. But they say urinalysis, the most common means of drug testing, has improved.

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