At no point prior to the passage of Policy 227.2 did Solanco analyze drug use by sixth through twelfth grade students involved in school activities, or the efficacy of a policy of randomly drug testing only active and involved students as a way to address any district-wide drug concerns. In fact, the Policy and statement by school officials indicate that Solanco School District has structured its drug policy to force as much of the student body as possible into the random drug testing pool without considering why particular groups or activities should be included.

Drug testing policies have come under fire in recent years. Earlier this week Florida Governor Rick Scott signed the Drug-Free Workplace Act [JURIST report], which allows state employers to randomly test up to 10 percent of their workforce. In 2011 Florida passed a law requiring people who receive welfare to submit to drug test. That law was temporarily blocked [JURIST report] in October 2011 and is currently on appeal. In 2004 a court banned [JURIST report] the Department of Juvenile Justice in Florida from requiring its employees to submit to random drug tests. The court there found that the drug testing policy could continue, but only in regards to suspicious employees.