School Law Bulletin [serial] 18, 3 (Summer 1987)

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In 1986, a federal court in the District of Columbia struck down a urinalysis program involving all transpor- tation department employees of the District's public school system.53 Two years earlier the school system had adopted a program requiring all transportation employees to sub- mit to urinalysis testing because of increased evidence of drug use among the employees. In a court hearing, the school system showed that the program was initiated be- cause traffic accidents and absenteeism had i...ncreased and because syringes and bloody needles were found in trans- portation employees' restrooms. A bus attendant who was discharged after testing positive challenged her dismissal as being based on an unreasonable search. Applying a prob- able cause standard, the court held that the urinalysis did constitute a search. It went on to hold that the search vio- lated the Fourth Amendment because of the lack of in- dividualized suspicion.
To date no cases have been reported that involve drug testing of public school athletes, although this practice is becoming increasingly common.^'' Some courts have al- lowed drug testing in pre-employment or annual employee physicals, particularly with individuals in hazardous jobs.'' But courts are increasingly invalidating random searches of employees if there is no reasonable suspicion that those tested are at present under the influence of a controlled substance.'* 52.

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