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September 28 this year was adopted the new plan for a drug-free school environment in the municipality of Halmstad.
The plan means municipal high school students should be able to take a drug test in groups or in class with the help of on-site student health personnel, and is based on voluntariness among youth, according to the municipality.
At the same time, the plan states that suspected students who do not allow themselves to be tested can be suspended from school. Now it has led the Swedish School Inspectorate to question the degree of voluntariness and launch an investigation, Hallandsposten reports.
Consent requirements
The Swedish school inspectorate has written a letter to the municipality of Halmstad demanding answers to a number of questions, including how the municipality should ensure that the tests are carried out on a voluntary basis.
– In general, it is required that the student can give real consent, that is, that you as a student feel that you are voluntary. Students shouldn’t be put under pressure to take such a test, but making sure consent actually exists should be the workflow, Hanna Carlsson, a lawyer for the Swedish School Inspectorate, tells Hallandsposten.
Mandatory drug testing violates the prohibition of forced physical intervention.
– There are exceptions through legislation that allows forced physical interventions, such as infection control and LVU legislation. At school, however, there is no such legislation that can be applied; only voluntary interventions are allowed at school, Hanna Carlsson told the newspaper.
