Title: Back to School - And a Test You Can’t Study For
Abstract
In this lesson students study their individual rights to privacy as protected under the Constitution. As citizens, students are expected to participate in the democratic process and in order to satisfy this requirement it is imperative they understand their individual rights. A current controversial issue deals with school mandated drug testing. In 1995, in Veronia School District v. Acton the Supreme Court stated that schools may legally test students participating in extra curricular sport-related activities; however, a current case, Tannahill v. L.I.S.D, is now pending decision from the Supreme Court. By studying the Fourth Amendment, the Fourteenth Amendment, and the current case before the Supreme Court, students examine the constitutionality of school mandated drug testing. The Supreme Court has stated that it will make its decision in the near future. For students this poses a unique opportunity, they can take a position on the current case, and reflect on their decision in lieu of the Supreme Court’s ruling when issued.
Subject Area: Social Studies
Grade Level and Course Title: Tenth Grade/Civics and Government
Unit of Study: What are the roles of the citizen in American Democracy?
Benchmark(s)
·Students evaluate, take, and defend positions on issues regarding personal rights and the proper scope and limits of rights (National Standards for Civic and Government, V.B.1 and V.B.5)
Key Concepts
fourth amendment
fourteenth amendment
right to privacy
Instructional Resources
American Civil Liberties Union (1 Dec 2001)
www.aclu.org/students/slprivacy.html
U.S. & World (courtesy of The Philadelphia Inquirer) (1 Dec 2001)
http://www.inq.philly.com/content/inquirer/2001/09/06/national/dare06.htm
New York Times (courtesy of About.com) (1 Dec 2001)
http://law.about.com/gi/dynamic/offsite.htm?site=http%3A%2F%2Fwww.nytimes.com%2Flibrary%2Fnational%2F041700texas-edu.html
Sequence of Activities
1. Discuss with students the current state of drug use in their school. Create two tables on the chalkboard with YES designated on one side and NO on the other and ask students to respond to the following questions: Do you think there are high levels of drug use among students in our school? and Do you think there are high levels of drug use in your local community? Tally the students’ responses and determine the percentage of yes/no for each question. Ask students to reflect on their stated positions. Ascertain whether students feel if their school is doing a successful job eliminating drug use among students.
2. Explain how American citizens and the U.S. government are committed to eliminating illegal drug use among students. Have students read the U.S. and World Reports article, “Survey targets drug use in U.S. Schools.” Discuss the statistics from the article and how some schools have implemented voluntary and/or mandatory drug tests to reduce and ultimately eliminate drug use among students.
3. Have students read the Fourth Amendment and the Fourteenth Amendment, and discuss their relation to the case (right to privacy and innocent until proven guilty). Have students respond to the following question in their journals: Do you think school mandated drug tests violate the Fourth and Fourteenth Amendment? Pass out the ACLU’s article, “Ask Sybil Liberty about your right to privacy,” for student’s future reference.
4. Explain the Supreme Courts 1995 decision in Veronia School District v. Action that upheld the schools drug policy making it mandatory for athletes to take drug tests as part of their physical examination before participating in extracurricular sport activities. Explain why the Supreme Court upheld the school’s drug policy program (legitimate need to ensure drug-free athletes, extracurricular sports are a privilege not a right).
5. Students read the NY Times article, “Family in Texas Challenges Mandatory School Drug Test,” which explains the current case before congress. Have students answer the following questions:
· Why did Lockney High School implement a mandatory drug test? Discuss the specifics of the drug test policy.
· Identify the specific reasons why Mr. Tannahill felt that his son, Brady, did not have to take the school’s mandated drug test?
· What were people’s responses to Mr. Tannahill’s decision to file a lawsuit against the school district?
Discuss the students’ responses to the reading among the entire class. Relate the current case to the concepts of the Fourth Amendment, Fourteenth Amendment, and the right to privacy.
Assessment
Students must exemplify a working knowledge of the three concepts discussed in class – the Forth Amendment, the Fourteenth Amendment, and the right to privacy. Students must also exemplify their understanding of the current issues pertaining to the case before the Supreme Court by completing the following assignment:
Write a letter addressed to the Supreme Court in which you state your position on the following question:
· Do you think the Supreme Court should rule in favor of the Lockney School District (supporting school mandated drug testing for all juniors and seniors in the school) or in favor of Mr. Tannahill (against school mandated drug testing)?
Explain your position using specific evidence from your readings, the issues discussed in class, and your working knowledge of the three concepts focused on in this lesson. If you support Lockney School District, explain why mandatory drug testing in helpful. If you do not support the drug test, identify at least one possible solution to reduce drug use among students that does not violet their constitutional rights.