Posts tagged drug policy
ACLU opposes drug testing for TANF recipients
8.17.11
In response to an editorial alleging the ACLU of Oklahoma would oppose any measure mandating drug testing for TANF recipients (Daily Oklahoman, August 11) the ACLU of Oklahoma responded with the following:
The Oklahoman is correct. The ACLU of Oklahoma is closely monitoring the progress of any bill that would require drug testing as a condition for welfare benefits. The proposed policy is scientifically, fiscally and constitutionally unsound. It is offensive to assume that those receiving benefits use drugs at a higher rate than other individuals. If we are going to drug test TANF (Temporary Assistance for Needy Families) applicants, then we need to test every person who receives a benefit from the state — parents of children who receive Medicaid, students who receive educational grants or loans, state legislators and CEOs who receive state tax credits. Random drug testing has proved to be ineffective in identifying drug abusers. A study in Oklahoma found that a questionnaire accurately detected 94 out of 100 drug abusers. The cost of a drug testing program should also be a deterrent. The average cost of a drug test is about $42 per person, not including the costs administering the test, ensuring confidentiality, and running confirmatory More >
The ACLU of Oklahoma City University to Host Lindsay Earls as Speaker
3.8.10
Lindsay Earls
The ACLU of Oklahoma City University is honored to have Lindsay Earls as a speaker on April 15, at 5:30pm in the Homsey Moot Courtroom of Sarkey’s Law Center. Earls was a high school student in Tecumseh, Oklahoma, in 1999. The school had developed a policy in 1998 that required all students in grades 7-12 to submit to a urine test before joining any extracurricular activities. Earls was on the academic team and show choir, and although she took the drug test and passed, she filed a lawsuit claiming the policy violated the Fourth Amendment’s prohibition against unreasonable search and seizure.
Her position was denied by the district court, but supported by the Tenth Circuit Court of Appeals. Her case reached the United States Supreme Court in 2002, where Earls was ruled against in a 5-4 decision, upholding the “special needs exception” referred to in Vernonia School District v. Acton. She was represented throughout the process by ACLU attorney Graham Boyd.
After leaving Tecumseh, Earls went on to graduate from Dartmouth and is currently a first-year law student at the University of Tulsa. The speaking engagement will begin with a short video about the case, then proceed to comments from Earls More >
MUSTANG STUDENT OVERCOMES ZERO-TOLERANCE PENALTIES
6.26.08
Chloe Smith
Last fall, eighth grade Mustang student Chloe Smith accidentally left prescription medication in her purse without checking it into the school office. Smith was taking the non-addictive medicine under the direction and supervision of a physician.During a classroom sweep, drug dogs allegedly alerted school officials that Smith’s coat contained contraband. A search ensued, and the prescription medication was discovered in her purse.
As a result of her mistake, Smith and her parents were informed that two disciplinary options were available. She could choose to be suspended for the remainder of the school year, or she could opt to receive a ten-day suspension accompanied by 8 hours of drug counseling and monthly, random urinalysis. The family would be required to shoulder the expense of the counseling and drug testing.
This draconian discipline for a relatively minor infraction concerning prescription drugs was justified by Mustang school administrators as being mandated by a district-wide zero-tolerance policy. Smith’s mother believed that the punishment was excessive, and she contacted the ACLU of Oklahoma.
Staff Attorney Tina Izadi represented Smith in negotiations with the Mustang School District and at an administrative appeal hearing. Smith was returned to the classroom after five days of suspension pending the hearing.
At the More >
