838 BOARD OF ED. OF INDEPENDENT SCHOOL DIST.
NO. 92 OF POTTAWATOMIE CTY. v. EARLS Breyer, J., concurring
was "fueled by the 'role model' effect of athletes' drug use," such a finding was not essential to the holding. 515 U. S., at 663; cf. id., at 684-685 (O'Connor, J., dissenting) (questioning the extent of the drug problem, especially as applied to athletes). Vernonia did not require the school to test the group of students most likely to use drugs, but rather considered the constitutionality of the program in the context of the public school's custodial responsibilities. Evaluating the Policy in this context, we conclude that the drug testing of Tecumseh students who participate in extracurricular activities effectively serves the School District's interest in protecting the safety and health of its students.
Within the limits of the Fourth Amendment, local school boards must assess the desirability of drug testing school-children. In upholding the constitutionality of the Policy, we express no opinion as to its wisdom. Rather, we hold only that Tecumseh's Policy is a reasonable means of furthering the School District's important interest in preventing and deterring drug use among its schoolchildren. Accordingly, we reverse the judgment of the Court of Appeals.
It is so ordered.
Justice Breyer, concurring.
I agree with the Court that Vernonia School Dist. 47J v. Acton, 515 U. S. 646 (1995), governs this case and requires reversal of the Tenth Circuit's decision. The school's drug testing program addresses a serious national problem by focusing upon demand, avoiding the use of criminal or disciplinary sanctions, and relying upon professional counseling and treatment. See App. 201-202. In my view, this program does not violate the Fourth Amendment's prohibition of "un-reasonable searches and seizures." I reach this conclusion primarily for the reasons given by the Court, but I wouldPage: Index Previous 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Next
Last modified: October 4, 2007