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Home » Take Action » Become a Student Activist » Case of the Month Archives » May 2000

Lesson Plan

"Does Drug Testing Violate our Right to Privacy?"

Purpose

The purpose of this lesson plan is to allow students to explore the constitutionality of drug testing programs implemented by public employers and school districts.

Grade

9-12

Objectives

Students should be able to:

1.  Identify the protections guaranteed by the Fourth and Fourteenth Amendments

2.  Explain how these provisions apply to suspicionless drug testing programs implemented by public sector employers

Materials

1. Text of the U.S. Constitution as follows:

Fourth Amendment: " The right of people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated ?."

Fourteenth Amendment: "No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law ...."

2. U.S. Supreme Court decisions on drug testing (i.e. Chandler v. Miller , Vernonia School District v. Acton, and Skinner v. Railway Labor Executives Association)

3. U.S. District Court Judge Kenneth L. Ryskamp's April 4th decision on the constitutionality of the City of Hollywood's drug testing policy.

4. Handout on Students' Right to Privacy

5. ACLU Report on Workplace Drug Testin

Activities

1.  Teacher will give an extensive lecture on drug testing and the Baron case based on the Case of the Month contents and the privacy handouts.

2.  Class will discuss recent efforts to implement drug testing programs in schools throughout the nation, including the Michigan case, White v. Grand Blanc Schools.

3.  After reading relevant portions of Judge Ryskamp's decision, along with the Sybil Liberty handout on Students' Right to Privacy, students will write an essay analyzing whether or not they believe it would be constitutional to allow drug testing of all new students, including incoming ninth graders, attending local high schools.   

4.  Using Judge Ryskamp's reasoning as explained in his April 4th decision, students will write a second essay analyzing whether it would be constitutional to test new teachers.

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