Expert: Michael Wall Date: 5/8/2008 Subject: Prep school expulsion
Question I am a junior, who attended Dublin School (a prep school in rural NH). A few days ago, i was randomly drug tested, ordered by the head of dicipline. I came positive for marijuana in result for me smoking on my birthday a week prior. I was dismissed from the school 1 month before school gets out. What would be the best way for me to handle this situation?
Answer Will,
I'll get the preaching out of the way first. Privacy issues aside, you did break the law and a rule of the school by choosing to smoke. I suggest keeping that in mind no matter what you do.
Now, the Supreme Court addressed drug testing of those in extra curricular activities in public schools, but as far as I know private schools are not covered in that ruling. Remember that because you do not have a right to attend a private school, and can leave any time if you do not agree with their policies or procedures, these schools have the ability to do many things that public schools cannot.
I do not know if you have any recourse. That would depend on a lot of factors (school policy, notification, state law and constitutions, etc.) If you want to pursue it further, I suggest you talk with your parents about consulting an attorney.