How would you feel about your school conducting random drug tests on students? Recently in the UK, a Nottingham school has sent letters to students and parents about a change in their school policy that will allow the school to conduct random drug tests on students.
Facts of the UK Article
A Nottingham school has sent letters to parents and students, inviting them to an information evening, regarding a change in school policy which will allow the school to randomly drug test pupils Year 10 and above. The school, a non-government day and boarding school, stated in its letter that its concerns are "the party scene and the wide availability of drugs within society and the increasing problem of hard drugs in universities".
When the school was asked about its plans about the random drug testing, they stated tests would "only be used if we have reason to believe an individual pupil may have been exposed to drugs in their personal lives."
The school already holds well received regular meetings to brief parents on a variety of subjects such as drug awareness, e-safety, alcohol and pupils learning needs. These sessions inform parents and students of the social scene, using evidence from across the UK.
According to the school, the tests are only to be conducted if a student is believed to be exposed to drugs in their personal lives and testing can only be carried out with the agreement of the student's parents. There has been no evidence of drug taking at the school.
Can Australian schools conduct drug tests?
In Australia, there is no legislative or case authority that denies schools the ability to conduct random drug tests. However, in most states and territories, respective Departments of Education generally do not condone schools, government or non-government, to randomly drug test students. For example, the New South Wales Department of Education states that principals of government schools must ensure students are not drug tested (this includes breath testing) at school and during school activities such as excursions and school formals. The Department of Education in Victoria released a report stating they do not support drug testing in schools as it raises a number of "legal, technical, ethical and financial issues". However, there is no legal impasse to stop non-government schools from developing and applying policies to randomly drug test students if they suspect students are using or are under the influence of drugs.
Some Australian non-government schools have considered drug testing students if they suspected them of taking drugs. According to the 7:30 Report in 2000, a school in Victoria considered conducting drug tests on students they suspected might be under the influence. Also in 2012, ABC News reported that a school on the Gold Coast had implemented, and still has at time of publication, a random drug test policy designed to eliminate student drug use.
There are a few issues that schools should consider when considering implementation of a policy such as a random drug testing policy. Before the implementation of such a policy, the school should consult with staff, parents of students and the wider school community about whether a policy like this would be of value. Consultation could be done via information evenings and then sending letters to parents and the school community confirming the policy change.
Another hurdle is the issue of consent. If a school intends to drug test students, voluntary consent from both students and their parents should be obtained. Consent could be given by the student in circumstances where the minor has a sufficient understanding and maturity to give their consent in the absence of the parent. However, the student must completely understand the nature and implication of consenting to a drug test. In the event that a school decides to randomly drug test students, it is considered to be best practice for schools to obtain both the student's and parent/guardian's written voluntary consent before administering any tests.
Reporting Obligations
Government schools are required to report criminal offences which occur on school property to police. This obligation does not necessarily apply to non-government schools. However, it does not negate the requirement for non-government schools to lodge a Critical Incident Report if that is the mandated requirement for that particular state or territory.
It is not an offence for a school to fail to inform about an offence occurring on school grounds. However, if it is suspected that illegal activity, such as illicit drug taking or illicit drug dealing is occurring on school property, it would be prudent for school principals to speak with their board chair and to then contact the police. If in doubt, the principal could contact their local police station and speak to a station commander or other delegated officer. The principal should then contact the parents of the student who is suspect and the police may investigate and determine whether an offence has been committed. Once again, it does not negate the requirement for non-government school principals to lodge a Critical Incident Report if one is required.
Confidentiality
If a student undergoes testing, all information regarding that test must be kept confidential and schools must ensure all personal information remains confidential. If confidentiality is not maintained, then the reputation of the student, teachers and the reputation of the school may be seriously damaged and the school may face legal action.
Financial and practical constraints
In 2008, the National Centre for Education and Training on Addiction (NCETA) reported that the costs to conduct annual drug testing in schools nationally is estimated at approximately:
- $15.9 million - $355.2 Million for saliva tests; and
- $11.7 million - $302.3 million for urine tests.
The exact cost for an individual school is uncertain and is dependent upon multiple factors such as the:
- number of students undergoing random testing;
- frequency of tests;
- cost of laboratory analysis; and
- transport and storage of specimens.
Another factor to be considered is that drug tests should be conducted by an appropriately qualified registered nurse or pathologist. Meaning that a school must front up the costs of a medical practitioner to conduct tests to ensure that the tests are properly monitored and conducted.
With drug testing comes multiple other factors which may influence tests. When drug tests are involved, the possibility of manipulating or rigging tests is present. One obvious and prominent example is the case of Lance Armstrong who was stripped of his seven Tour de France wins. Armstrong avoided scrutiny following multiple drug tests by using a substance that was not identified by laboratories at the time. It is possible that students may choose to use drugs or products to mask drugs taken to beat the test and/or which cannot be detected using current testing procedures. Additionally, drug testing can bring up the possibility of tests providing false readings; a factor that schools must be aware of in the event of a false positive reading. If schools implement disciplinary measures before a laboratory confirms the results, it may not only be devastating for the student and their family but it may also lead to legal action and reputational loss.
If student drug use was identified as a school issue, schools could also respond in a variety of different ways instead of just implementing a random drug testing policy. Alternative or additional strategies could include student participation in education programs, counselling, specific case management, involvement of parents and, when necessary, contacting the police.
Duty of Care considerations
It can be argued that the duty of care for students extends beyond the time students are in the classroom or on school grounds, naturally including activities that occur off campus where they are under school/teacher supervision. This is a non-delegable duty (cannot be discharged to a third party) due to the special duty that exists between the schools and its students. The duty of care that schools owe, originates out of the contractual arrangement between the school and the parents. Schools may base a random drug testing policy under the school’s duty of care to their pupils and to implement the policies in the best interest of the child and all other students. However, the duty of care schools owe to students can also extend to before and after school for non-school activities. Furthermore, schools may reserve the right to appropriately discipline a student for activities outside of school if it is brought into the school or brought to the school’s attention through the behaviour of the child whilst at school. This may include taking illicit substances out of hours.
Policy considerations
When applying a random drug test, schools must ensure that they are fair and just when executing the provisions of the policy. Schools must also inform the student and parents of the policy provisions so they are aware of what is stated in the policy and what mechanisms are in place upon application of the drug testing policy. Educating parents and students on what the overall school drug program entails, including if there is a random drug testing policy within the program, ensures that the next meeting should never be a surprise.
Alternative Measures
Being pre-emptive rather than escalating circumstances may also assist schools to prevent students taking illicit substances. Alternatives to implementing random drug testing could include outlining to students and parents that the school has a Zero Tolerance Policy on drugs and if staff suspect that students are under the influence of illicit substances, then the school may deal with students appropriately and within the guidelines of their behaviour policies, without the need for drug testing.
Schools already ensure, within their academic offerings, that pupils are educated about and discouraged from recreational and on-going use of illicit substances. Programs such as Drug Aware, and School Drug Education and Road Aware (SDERA) and are amongst many that are available for schools to assist in the education of children regarding drug abuse. Schools teach their students about the real effects of drugs and about real life consequences of drug abuse through programmed lessons, academic literature and having experts provide guidance on the issue.
Would random drug testing complement a drug education program and support your school culture?
