Media & Entertainment Law

Illinois Joins NJ, FL, and TX With High School Drug Testing

By Rick Karcher, Michael McCann, Geoffrey Rapp, Greg Skidmore, and Howard Wasserman

Yesterday, the Illinois High School Association's Board of Directors voted to implement a performance enhancing drug testing program beginning this fall for state championship competitions. The Board's vote came after reviewing the results of a survey sent to all 765 member schools on December 11, 2007. Curiously, only 414 schools (54%) responded to the survey that was due on Sunday, with 294 schools (72%) voting in favor of implementing a testing program.

Illinois becomes the fourth state to implement such testing, following New Jersey, Florida, and Texas. Illinois is unique in that its implementation is not the result of state government action, but rather a voluntary choice by IHSA member schools, albeit with an affirmative response from less than 40% of the membership. The IHSA still has to select a collection agent and lab, determine the exact scope of the testing, select a medical review officer, and determine the relative penalties for the athletes and schools after a positive test. Interestingly, the aforementioned survey reveals that while the schools (the voting was done by either the principal or athletic director) were heavily in favor of making the athlete ineligible for testing positive (97% in favor), the schools were against forfeiting a post-season team award for the same offense (60% against).

See Board of Education v. Earls, 536 U.S. 822 (2002), and Vernonia School Dist. 47j v. Acton, 515 U.S. 646 (1995), for the legality of such testing.

Full post as published by Sports Law Blog on January 15, 2008 (boomark / email).