Any student can express his or her discomfort with drug testing. Depending on the laws in your state, you not only have the right to vocally oppose drug testing, but you may also have a right to legally challenge drug testing in your school.
Can you say no to a drug test?
Employees may refuse to take a workplace drug test – but they can also be fired for that refusal. An employer only needs to demonstrate they had good reason to believe someone was a safety hazard or was unable to perform their job. The employer’s written policy is key in this situation.
Can schools randomly drug test students?
Is random testing legal? In most cases, yes. In 2002, the U.S. Supreme Court affirmed the permissibility of random student drug test for students engaged in competitive extracurricular activities, which includes not just athletics, but glee club, cheerleading and a host of other school-sponsored pursuits.
Why students should not be drug tested?
The American Academy of Pediatrics (AAP) released a policy statement on Monday saying it opposes randomly drug testing students because there’s not enough evidence to show it’s effective, and because random testing can damage relationships between students and their schools.
What happens if you refuse a drug test?
Refusing to take a drug test has the same consequences as failing a drug test. Your employer must immediately remove you from safety-sensitive duties, per DOT regulations.
Is it better to refuse a drug test or fail?
The US Department of Transportation recommends that you always “comply, then complain.” Even if you don’t agree with the test, it is in your best interest to take it. A refusal to take the drug and/or alcohol test is treated the same as a positive result, so it is not recommended that you refuse testing.
Can you fight a positive drug test?
The best way to contest false-positive results is to reach out to your pharmacist and ask if prescription drugs and OTC medications you take on a regular basis can cause a positive drug test result. Ask if the pharmacist can provide written documentation to this effect and bring a copy to the test site.
Do college students get drug tested?
ST. LOUIS — A federal appeals court today found that requiring college students to take a drug test as a condition of enrollment violates the U.S. Constitution.
Can schools take away your phone?
Can my school take my phone? … If you violated school policy governing cell phone usage during school hours, then your school can probably temporarily confiscate your phone. However, the school is generally not allowed to access the personal information on your phone even if they lawfully confiscate it.
Why is drug testing in school bad?
The tests also carry a number of significant negative consequences in and of themselves: students subject to testing may be less likely to participate in extracurricular activities. The tests may violate students’ privacy by making their personal medications known to school administrators.
Why should students get drug tested?
According to a report at the National Institute of Drug Abuse, testing can be done as a deterrent for drug use. It can also be used to detect a potential substance abuse problem in students or employees, enabling the individual to receive the help needed to get off the drug in question.
Does drug testing deter drug use?
Drug Tests Don’t Deter Drug Use, But School Environment Might : Shots – Health News Drug testing might keep kids on the straight and narrow, but it remains controversial. Students said their drug use was more influenced by their school’s environment than by the threat of drug tests, according to a survey.