Legal options for testing pupils and students upon a reasonable suspicion of substance abuse in school and the school environment
Abstract
Background: The use of addictive substances by pupils and students in schools and school facilities, or their stay in these facilities under the influence of addictive substances, is a significant risk factor across disciplines. Testing in case of a reasonable suspicion of using the substance affects the rights and obligations of pupils/students, their legal representatives, schools and school facilities, as well as pedagogical staff.
The possibility of identifying whether a pupil/student is using addictive substances can be the first step leading to the correction/change of the educative process and a step towards reducing the risks of unhealthy life style and eventual recovery. Aim: The article presents a brief analysis of the legal situation, which deals with the issue of screening testing upon suspicion of using the addictive substance in the school environment.
It presents basal analysis de lege lata with a focus on the area of this environment. Methods: A content qualitative analysis of fixed legal documents was used, which was compiled according to the mutual thematic relation in the context of the given legal issues.
Results: The legal status currently does not explicitly address the testing of children upon suspicion that a pupil or student is influenced by an addictive substance in a school or school environment. It is necessary to rely on the closest legal regulation that precisely defines subjects authorized to indicate a screening testing.
Conclusion: The current legal regulation does not allow a pedagogical worker to test pupils/students in a normal operation of a school or school facility when there is a reasonable suspicion of being under influence of an addictive substance.