The Department of Education has granted federal funds to California school districts for the purpose of initiating and maintaining drug-testing programs for students and volunteers involved in athletics and extracurricular activities, yet no California court has fully examined these programs to determine their validity under the California Constitution. Before any additional California schools adopt drug-testing programs, the legality of these programs should be examined under the California Constitution. This Article seeks to accomplish that task. Part II summarizes the United States Supreme Court decisions on student drug testing. Part III examines state law on student drug testing. Part IV focuses on student drug testing in California. It addresses the state's history of, and current status with respect to, student drug testing. It then examines provisions of the California Constitution that apply to the subject: article I, section 1, the right to privacy; and article 1, section 13, the right to be free from unreasonable searches and seizures. The Article discusses California judicial decisions on these provisions and then analyzes whether the drug testing of students engaged in athletics and extracurricular activities is constitutional. Part V offers a conclusion on the constitutionality of student drug testing under the California Constitution.
Floralynn Einesman, Drug Testing Students in California – Does it Violate the State Constitution?, 47 SAN DIEGO L. REV. 681 (2010).