The American Civil Liberties Union (ACLU) has objected the Fairbury school district’s decision to add nicotine to random drug tests given to students involved in extracurricular activities.

A letter from ACLU legal director Amy Miller says urine tests for nicotine are unnecessary because tobacco possession is a misdemeanor that doesn’t carry the possibility of jail time. The ACLU also cautioned the Fairbury Public Schools district that its policies didn’t provide privacy for the students or a way to make sure tests weren’t found positive for prescribed medications.

District Superintendent Stephen Grizzle said the district wants to “deter kids from potentially being addicted to nicotine.” He says the policy was investigated by lawyers representing the district, so he’s comfortable with it.

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