(MD) School to Pay Damages Over Drug Testing

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Now, if only the ACLU would defend gun rights in this manner. :(


STORY

School to Pay Damages Over Drug Testing

ACLU Brought Suit on Behalf of 18 Students
By Amy Worden

EASTON, Md. (APBnews.com) -- A local school district will pay damages to 18 students forced to undergo drug testing and revise its testing policy following a settlement this week in what may be the first case of its kind in the country.

The settlement resolves a suit filed in May by the American Civil Liberties Union on behalf of a group of students at Easton High School.

The case stems from a Jan. 18 incident in which the students were removed from their classes and forced to take drug tests based on a rumor that they had attended a party where drugs were being used.

"I understand it is the first time in a student drug testing case ended with damages awarded and an apology from the school system," said ACLU attorney Deborah Jeon.

'That's outrageous'

The testing was done at the school and the samples were placed on the school auditorium and the results announced to the students, parents and officials, the ACLU said.

"These tests are supposed to be done confidentially, instead the samples were lined up with names on them on the auditorium stage, said Jeon. "That's outrageous."

According to the ACLU none of the tests was actually positive. One test was erroneously classified as "inconclusive" and another identified as positive, but a lab later confirmed that test was negative, Jeon said.

The ACLU challenged the Talbot County school system's requirement that students undergo targeted drug testing or face suspension based solely on allegations the students had attended a private off campus event where drugs were rumored to have been used.

Will no longer test

"This was the first policy that did not involve random testing or the testing of all athletes or all students, rather it was drug testing for cause when the cause was insufficient," said Jeon.

Under the agreement Talbot County will no longer conduct drug testing. School officials who suspect a student of drug abuse will contact the student's parents and leave decisions about further action to the families.

"By replacing a punitive drug testing policy with a responsible system of parental notification, the Board promises to ... return a measure of authority over students to parents, with whom it rightly belongs," said Jeon.

There are no state laws or policies governing drug testing in Maryland.

Limited statewide effect

Eric Schwartz, deputy executive director of the Maryland Association of Boards of Education, said testing is usually only done on a individual student with his or her consent. In some cases all student athletes are tested, but in general drug testing is "not something used regularly," so the case won't have much effect on the rest of the state, he said.

"But it is the only county that took the steps that it did," he said. "If other counties wanted to start drug testing, they'll probably look at the case to make sure they don't make the same mistakes."

Talbot County School Superintendent J. Samuel Meek did not immediately return phone calls seeking comment.

Under the settlement the school will:

Pay undisclosed damages to plaintiffs
Conduct an internal review of the conduct of school officials relating to the testing incident
Remove mention of the drug testing incidents from the students' records
Amy Worden is an APBnews.com staff writer (amy.worden@apbnews.com).

©Copyright 2000 APB Multimedia Inc.

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I'll leave the comments on the schools outrageous behaviour to others, but did want to make this point:

"One test was erroneously classified as 'inconclusive' and another identified as positive, but a lab later confirmed that test was negative . . ."

FWIW. Twice I've had the "our company tests all job applicants for drugs -- do you mind? (yes = out the door).

You can stand on the Constitution and get a sweet smile and a "thankyew" as you're shown the door, or, you can go down with all flags flying.

"I have no problem - as long as the company assumes full liablility for a false positive.
Since my reputation is at stake, I feel it is only fair.", sez I.

On both occasions I was met with DEAD SILENCE for a couple of seconds (panic!). In one case they never said another word and I was hired anyway. The second was a phone interview and after the painful silence, I got a "we'll call you back" and of course they never did.

At least that way they can't say you refused a drug test and you still have your dignity.




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"The night is nearly over; the day is almost here. So let us put aside
the deeds of darkness and put on the armor of light." (Romans 13:12)
 
When I drove big truck drug testing was a part of the deal . Now learn how one employer handled it . You take the test . 2 samples . Suppose the first one comes back "hot" . You have no job . You have the option to , at your expense have the second sample tested at an approved lab . If you come back clean the company has the OPTION of re-hiring you . Job reference ? He was terminated due to testing positive on a drug test . Better have the second lab report with you when you look for another job . It still may not help . If the first lab could screw up maybe the second one did .
Companies will refuse to hire you if you tested positive .The only hope is to pay for the second test , be cleared and return to work . Then a dismissal for testing positive is not a part of your record . You can leave sometime in the future and not have a problem .

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TOM
SASS AMERICAN LEGION NRA GOA
 
"Under the agreement Talbot County will no longer conduct drug testing. School officials who suspect a student of drug abuse will contact the student's parents and leave decisions about further action to the families."

A public school acknowledging parental rights and responsibility?! Imagine that!


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The first step is registration, the second step is confiscation, the final step is subjugation.
 
The thing that really honks me off about these incidents is that, ultimately, we taxpayers get to foot the bill for their lack of judgment and general stupidity, whether it's some butthole school administrator, cop who gets carried away at batting practice, or some other uncivil servant that exceeds thier 'authority'. since they're forfeiting some of our collective livlihood, I feel it only apporpriate they they should forfeit thiers. Fire them and let them find real, 'honest' work. M2
 
This was just a test exercise, to see if anyone was awake. Apparently someone was, and made the right connections, and complaints.

Don't get all giddy with the notion that this will occur with other more outrageous examples of violations of the basic rights.

Another example of a Federally sponsored shove of rights infringement. And we all know where they're trying to shove them, don't we?
 
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