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Schoolkids' drug test refusals can remain on record

Pupils in Finnish schools can be asked to take drug tests if they are suspected of using narcotics—but school healthcare services cannot force them to do so. Parents need not be informed about the suspicions or the test, and school nurses do not always inform children of their rights.

Huumetestaus.
Image: Yle

Drug testing in schools is on the increase. In the western city of Vaasa, around 20 schoolchildren submitted to a drugs test last year, and the number is rising. The tests involve a urine sample given under supervision by the school nurse, which is then tested for intoxicants.

In Vaasa, the city’s guidance states that 12-year-olds are old enough to make the decision, and their parents do not need to be informed.  While they do have the right to refuse, that in itself could bring consequences—the refusal, and the suspicions of drug use, remain on the pupil’s record.

"We don’t market (the tests) by explaining the right to refuse," says Tarja Paikkala of Vaasa’s head of health promotion. "If there is a strong suspicion, then there is a motivation for the young person to give a sample so that we know what we’re talking about."

Strong principles

That interpretation of the testing process is not universally accepted. Young people who turn down a test could do so for reasons other than drug use.

”If the refusal itself is grounds for labelling (pupils), then that could have unfortunate consequences for the young person,” says Elina Kotovirta of the Ministry for Health and Social Affairs. “The interpretation of a refusal should be clear, as young people can have strong principles: they know their rights and want them to be respected, even though they might not have used drugs.”

The voluntary basis of drug testing is grounded in a 2000 memo from the National Board of Education, which came about after several complaints to the Parliamentary Ombudsman. That guidance also states that there should be no consequences for young people who refuse a drug test.

Since then the legal guidance has been that tests have to be voluntary, but parents do not always need to be informed.

"In 2012 the guidelines in Vaasa were updated, so that in healthcare centres 12-year-olds are able to decide things for themselves and parents’ permission is not necessary," says Paikkala. "Generally young people do not want their parents mixed up in the matter when there are suspicions of drug usage."