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This suit originated when Pathe Miller, a student at Cave City High School, refused to submit to a drug test. In order to participate in extracurricular activities, all students had to sign a consent form prior to testing. Students withholding consent were denied permission to participate in extracurricular activities. Miller wanted to participated in school activities such as the Radio Club, the prom committee, the quiz bowl and school dances. Miller brought suit alleging that the random drug and alcohol screening violated his constitutional rights.

The court applied a 1995 U.S. Supreme Court decision approving the random drug testing of student athlete. Vernonia Sch. Dist 47J v. Acton, 515 U.S. 646 (1995). The court in Miller found that the district's policy satisfied the constitutional limitations on student drug testing, despite the fact that the district had no record of any drug or alcohol problem and that the policy was not limited to a particular class of students.

The court's opinion relied on four key findings. The first of which was that public school students have a lower expectation of privacy than ordinary citizens. The decision in Vernonia did not limit a school's drug testing authority to athletes. Like athletes, the court opined, students who participate in extracurricular activities have a lower expectation of privacy than non-participating students. Extracurricular clubs, for example, "have their own rules and regulations ...[and] someone will monitor the students for compliance with the rules that the clubs and activities dictate."

It was also held that the district's procedure for collecting urine samples was relatively unintrusive. The court emphasized that the district permits students to provide urine specimens in stalls or other partitioned areas that allow for individual privacy, and that the procedure used by the district does not screen for medical conditions. Also, only one district official remained privy to the results, and the consequences of a positive result included neither law enforcement notification nor expulsion or suspension from class.

Third, the "nature and immediacy" of the district's drug concerns were sufficiently compelling, given the district's interest in discouraging drug and alcohol abuse and the considerable risk of harm once the problem surfaces. Even though drug use was not viewed as a major problem, it is in everybody's best interests to prevent drug abuse. Finally, the court noted that the policy furthered the district's interest in providing a safe learning environment and maintaining the reputation of its schools.

This decision expands the Verne decision by expanding the random drug testing of athletes to all those wanting to participate in extracurricular activities. The question remains as to how far the court is willing to extend drug testing in America's schools.

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