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Does title II of the ADA prohibit public schools from conducting drug and alcohol testing of students or employees?
Title II of the ADA is neutral with respect to testing for the illegal use of drugs or the use of alcohol. Under Title II, public schools may adopt and administer reasonable policies and procedures, including drug testing, to ensure that an individual who formerly engaged in the illegal use of drugs is not engaging in the current illegal use of drugs. The ADA does not encourage, prohibit, restrict, or authorize the conduct of testing for the use of illegal drugs or the use of alcohol. Public schools must not inappropriately target individuals with disabilities for drug or alcohol testing. It is also important to note that Federal court decisions interpreting the U.S. Constitution should be consulted regarding drug and alcohol testing of students generally.
Fact Sheet #4: Questions and Answer. A fact sheet, in question and answer format, published by Adaptive Environment's ADA national Access For Public Schools Project.