ACLU Targets Drug Testing of Nonathletes

The American Civil Liberties Union filed a federal lawsuit Wednesday challenging a school district’s policy of requiring drug tests not only of athletes but also of students who take part in such activities as the debate team, the choir and the marching band.

The ACLU said the lawsuit is the first in the nation to challenge mandatory testing of students who participate in extracurricular activities that are tied to their courses during the regular school day.

The lawsuit was filed on behalf of two 16-year-old high school juniors in Tecumseh, a small town 35 miles southeast of Oklahoma City. The suit does not challenge the testing of athletes or students suspected of drug use.

In the lawsuit, the ACLU says refusal to take a drug test would bar students from some classes for which they earn credit.

“For instance, a student can take the choir class only if she also participates in the extracurricular choir activities. Thus, the drug testing policy effectively applies to parts of a public school’s core legally required function--the education of its students,” the lawsuit said.

An attorney for the school district and the superintendent did not return calls for comment. The district’s drug testing policy applies to any student who wishes to participate in extracurricular activities, whether athletic or academic.