TRI In The News

Group Criticizes School for Breathalyzer Test

From Newsplex.com
Original article available here.

The Rutherford Institute has accused Albemarle County Public Schools of failing to respect the constitutional rights of a student and her parents.

The claim stems from an incident on March 10 at Western Albemarle High School. The civil rights group says that school leaders approved a police-administered breathalyzer test for a sophomore student after classmates told a teacher that she had been drinking lemonade mixed with alcohol at school.

John W. Whitehead, President of The Rutherford Institute, issued a statement Wednesday warning school leaders of alleged fourth amendment violations of the right to be free from unreasonable searches and seizures.

In a letter to Superintendent Pam Moran, Whitehead asked school officials to crease the practice of giving students breathalyzer tests "without their parents' knowledge or consent and based on nothing more than an accusation of alcohol use by another student."

Albemarle County Public Schools spokeswoman Maury Brown responded to the allegations:

"We don't believe the Rutherford Institute's letter represents an accurate summary of the facts. We have reviewed the administrator's actions and believe that he acted responsibly based on credible information reported to him.

"We do not have a 'breathalyzer testing policy' as the Rutherford Institute alleges. Policies related to student conduct were followed in this case and, as always, our administrators approach each incident on a case-by-case basis, making decisions using all available facts."

A school administrator allegedly took the student out of class and escorted her to his office, where a policeman was waiting to administer the breathalyzer test.

The test results indicated no alcohol in her system.