536 U.S. 822, 122 S.Ct. 2559, Vernonia Sch. Dist. 47J v. Acton, 515 U.S. 646, 115 S.Ct. 2386, 132 L.Ed.2d 564 (1995), and Miller v. Wilkes, 172 F.3d 574 (8th Cir.1999) can be interpreted as standing for the proposition that students, regardless of age and level of education, have a diminished expectation of privacy given the tutelary nature of being a student. I strongly disagree. Drug testing was found to be constitutional in Earls, Vemonia, and Miller because the individuals affected were children that happen to be high school students. See Earls, 536 U.S. at 824, 122 S.Ct. 2559 (“The need to prevent and deter the substantial harm of childhood drug use provides the necessary immediacy for a school [drug] testing policy.” (emphasis added)); Vernonia, 515 U.S. at 649, 115 S.Ct. 2386 (<HOLDING>); Miller, 172 F.3d at 582 (holding random drug
holding high school which allowed student secular noncurricular activities to meet on school property was required to provide equal access to a christian student group holding that student has no fundamental right to participate in high school athletics holding that random drug testing for student athletes did not violate their fourth amendment rights holding that a school district owed the highest degree of care to a student on a school bus such that the district could be liable for the sexual abuse of the student by the school bus driver holding drug testing high school student athletes was constitutional