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Drug Tests for Students Are under Prohibition

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Judge puts under ban drug tests for students in horde, chess club.

As it was pointed by Northern California judge, we still can't definitely confirm that students possess illicit substances to consummate a student's flute playing. One student plays the trumpet and French horn on a competitive basis. One more is in competition with her flute ensemble. At that time a third has been achieving his apprehended market hog for a live-stock show.

According to a policy consolidated by a school district in Redding, Calif., approximately 200 miles north of San Francisco, those students are at the receiving end of unwarranted drug tests, the same as any others involved in emulating performance. On Wednesday, a Shasta County Superior Court judge resolved that the policy supposedly entrenches students' constitutional rights and provided a precedential instruction barring the Shasta Union High School District from constraining the drug testing program.

Judge Monica Marlow posed that the unrestricted testing would supposedly be treated to be a "serious invasion of privacy" that entrenches students' constitutional rights opposite foundationless searching and condemnation.

"Unlike contribution in athletics, students participating in a math club, chess staff, choir, band, symphony, or Future Farmers of America are not accounted in routine regulation and investigation of their physical fitness and corporal condition," Marlow wrote. "As distinguished from athletes, there is no characteristic that drugs are used to consummate a student's flute playing, choir performance, chess playing, debating skills, math team skills, or farming skills."

The locality, which has about 5,000 students, began examining students in the fall. The American Civil Liberties Union of Northern California incorporated a common law action in December throwing doubt upon the policy to the benefit of students and their parents, predicating that students being involved in competitive performance are less likely than other students to be involved in drugs.

John Kelley, an barrister-at-law for the district, pointed students involved in competitive operations face "unique dangers" because they travel for competitions, occasionally staying overnight at hotels where they cannot every time be supervised. He stated a November 2007 incident in which three choir students were nobbled selling recipe medication, incorporating Vicodin, to other students on a bus returning from a contestation in San Francisco.

"We should give children every incentive possible to refrain," he said. "Why any parent would not want to know if their child is taking illegal substances is beyond me."

The locality also argued in court that the irruption of individual life is inconspicuous because somebody auscultates to the students stale into a cup rather than superintendent them. At the same time several parents said the locality was gratuitous selecting groups of students to test for drugs, and replenished that they disapproved to their children being examined on legislation.

"They're investigating without any reason for suspicion," pointed Deborah Brown, mother of greybeard Benjamin Brown, who sings in choir and plays the chimney and French horn. "Our country's discovered on innocent until proven culpable , not the other way throughout ."

As of January, the area had tested 391 students, incorporating athletes, of whom eight examined positive.

District officials testified in depositions that one or two of those students were not athletes, ACLU attorney Michael Risher said.

victoria.kim@latimes.com

http://www.latimes.com/news/local/la-me-injunction7-2009may07,0,3405672.story

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