This note will first give an overview of prescription stimulants and will then explore the prevalent number of students who illicitly take prescription stimulants to enhance their academic performance. A description of how illicit use can be harmful to a student follows, and thereafter the note describes the scant current safeguards that currently exist against the use of illicit prescription stimulants. An explanation of the importance of standardized test scores to admissions follows, along with a description of how this importance has motivated students to seek an unfair competitive edge through illicit drug usage, which happens in many sporting competitions. The note will then explore the safeguards in place preventing illicit drug usage in sports and will argue that a similar random drug testing program should be implemented for students taking standardized tests. Finally, the note will explore possible objections to implementing a random drug testing program in standardized testing. Some contend that these tests may constitute an illegal search and seizure of a person in violation of the Fourth or Fourteenth amendments. In addition, some could contend that the proposed system of flagging scores of students taking prescription stimulants violates the Americans with Disabilities Act of 1990, 42 U.S.C.S. §§ 12101-12213 (LexisNexis 2007) (hereinafter "ADA"). These objections will be rebutted by an examination of legal precedent that demonstrates that random drug testing will not violate the Constitution or ADA.
Note, Combating the Unfair Competitive Edge: Random Drug Testing Should Be Implemented in Standardized Testing to Deter Illicit and Unfair Use of Prescription Stimulants, 21 J.L. & Health 151 (2007-2008)