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16 Crim. Just. Pol'y Rev. 3 (2005)

handle is hein.journals/cjpr16 and id is 1 raw text is: Public Student Drug Testing and the Special Needs Doctrine in Board of Education v. Earls: Just Getting Tougher Tom Tad Hughes University of Louisville The Supreme Court recently decided the case of Board of Education v. Earls (2002). The case affirmed the constitutionality of drug testingforpublic school students who participate in extracurricular activities. The case represents an expansion of the use of drug testing in public schools and may prove to be the impetus for increased drug testing in public school systems around the United States. Moreover the constitu- tional basisfor the case outcome represents aprotean doctrine applicable to a variety of quasi-law enforcement situations. This article examines the current nature of drug testing in the United States. Next, the legal doctrines and precedents that led to the Earls case are explored. Finally, the case opinion and its policy implications are discussed. Keywords: drug testing; Fourth Amendment; public schools The Supreme Court decided the case of Board of Education v. Earls in 2002. This case found the practice of drug testing public school students engaged in extracurricular activities to be constitutional. The Earls case represents a major expansion of the ability of public school officials to employ drug testing to address concerns of drug use in public schools. The constitutional doctrine relied on by the Court in this case-the special needs doctrine-is a relatively new method of construing the Fourth Amendment. Moreover, the doctrine's protean nature allows substantial governmental action in quasi-law enforcement situations. Such a malleable doctrine with a potential application to a wide variety of situations will likely continue to grow. The Earls case may also provide the impetus for increased use of drug testing for public schools around the country. More Criminal Justice Policy Review, Volume 16, Number 1, March 2005 3-17 DOI: 10.1177/0887403403261277 © 2005 Sage Publications

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