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What does the Texas Law and Federal Law say about drug

What does the Texas...

What does the Texas Law and Federal Law say about drug testing students who participate in extracurricular activities? The issue I am experiencing is due to the school's drug testing policy.

Lawyer's Assistant: Have you talked to a TX lawyer about this?

No I have not talked to a lawyer yet.

Lawyer's Assistant: What steps have you taken so far?

I am trying to find a lawyer to assist me. I have searched a few sites and made a few phone calls, but have not been able to talk to anyone. I searched the ACLU.org

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I'm not sure which facts are important to include. The issue being my son has received a positive test result from a random drug test conducted through the school. He was very sick and on several rx and over the counter meds that I have reason to believe caused the result.

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Answered in 18 hours by:
3/22/2018
Josie-Mod
Category: Legal
Satisfied Customers: 8
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Hi, I'm Josie, a moderator for this topic.
I've noticed you have not yet received a response to this question.
I wonder whether you're ok with continuing to wait for an answer.
If you are, please let me know. If not, feel free to let me know and I will cancel this question for you.
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Customer reply replied 1 month ago
I will continue to wait for the time being. It is just the $5.00 fee I agreed to correct?
Attorney Wendy
Category: Legal
Satisfied Customers: 551
Experience: Member at Keefer & Keefer LLC
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Hello. My name is ***** ***** I am an attorney. I am working on a response to your question and should have that to you shortly.

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The law is only somewhat clear on this issue. What is clear is the United States Supreme Court has said that it is constitutional to randomly drug screen students who participate in both athletic and non-athletic extracurricular activities. State courts have followed suit. What is not particularly clear at this point is what that means in a situation like yours where the positive may have been the result of prescribe and properly administered medications. The first thing to find out may be what written policy your son's school has about its drug testing procedures. There likely is a written policy and you should consider asking for a copy. The things you would be looking for are how any prescription medications are accounted for/noted for the lab. Whether there is any procedure for a retest if it is believed medications or a false positive may be to blame. Since many school districts are modeling their drug testing policies after workplace policies, it would be expected there was some accounting for these situations. If, after reviewing that policy, you see no method for challenging the positive test result, that may be al legal issue to be taken up by a local attorney or advocacy group like the ACLU. Another option would be to have your son tested by a lab or doctor's office of your choosing to have results that could be used to counter the results on which the school is relying.

The only thing that is pretty clear is that the testing is legal; now the question becomes what methods to appeal or retest are available and if there are none does that fact call the legality into question.

I hope this helps. If you need further assistance, please reply to this email. If I answered your question and provided excellent service, I would greatly appreciate your 5 star rating at this time.

Please note: This information is for educational purposes only and is not legal advice. No course of action is being proposed and no attorney-client relationship or privilege has been formed as a result of this conversation.

Attorney Wendy
Category: Legal
Satisfied Customers: 551
Experience: Member at Keefer & Keefer LLC
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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