The Washington state Supreme Court has ruled that random drug testing of student athlete violates their privacy rights under the state constitution, a ruling that effectively ends all suspicionless random student drug testing in the state. The court ruled the tests were a "significant intrusion on a student's fundamental right of privacy."

The case involves a lawsuit by a group of high school athletes in the small Wahkiakum School District where they were required to submit to urine testing to take part in school sports programs.

The court ruled that such testing is not allowed under the Washington state constitution unless their is a reason to believe that the students are using drugs. In other words, school officials have to have a suspicion that a student is actually using drugs before they can require a drug test.

Fundamental Right to Privacy?

"We cannot countenance random searches of public school student athletes," Justice Richard Sanders wrote in the court ruling. "We require a warrant except for rare occasions which we jealously and narrowly guard."

"A student athlete has a genuine and fundamental privacy interest in controlling his or her own bodily functions," Sanders wrote. "Even if done in an enclosed stall, this is a significant intrusion on a student's fundamental right of privacy."

Other states do conduct random student drug testing and the U.S. Supreme Court has ruled those test constitutional, as long as they are randomly conducted.

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WA High Court Says Random School Drug Testing Unconstitutional