Public Student Drug Testing and the Special Needs Doctrine in Board of Education v. Earls: “Just Getting Tougher”

Abstract

The Supreme Court recently decided the case of Board of Education v. Earls (2002). The case affirmed the constitutionality of drug testing for public 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 constitutional basis for the case outcome represents a protean 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.