Drug testing was first approved in 1995 via Vernonia School District 47J v. Acton by the U.S. Supreme Court. In 2001, the court determined that drug testing should be limited to athletes and must be random, using a lottery system via the case of Board of Education v. Pottawatomie. According to the National Institute on Drug Abuse (NIDA), athletes are more likely to use performance enhancing substances than other students. Facts from the NIDA have been presented at both court hearings.
Performance enhancing substances give athletes an unfair advantage over clean competitors. This can impact their ability to get a scholarship or receive athletic placement at the collegiate, minor or major league levels. Additionally, athletes who are under the influence of drugs are more likely to get injured during a sporting event. The most common drug is marijuana followed by anabolic steroids then pain killers.
Numerous groups of parents and high school students have contested the law, saying that drug testing is a violation of the fourth amendment and a student's privacy. However, the Supreme Court states that because athletes share hotel rooms, buses and changing areas they are already giving up their privacy. Random drug testing is designed solely to disqualify any athletes that are under the influence of drugs.
While drug testing in high schools is legal, it is still necessary for school officials to consult with their local and state laws. Some states have set laws that do not allow drug testing while some school districts include drug testing as part of a violation to student privacy. On the flip side, there are many schools that drug test all students during their athletic physical to play school sports. Drug testing is done through urine testing only. Urine test are able to detect drugs within a 24-hour period.