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Showing 31 to 45 of 62 results Save | Export
Peer reviewed Peer reviewed
Sultanik, Jeffrey T. – Journal of Law and Education, 1990
In response to an earlier article by Eugene Lincoln, presents two hypothetical cases that respectively deal with the possible effects of drug use on school premises and with a policy governing mandatory urine testing for student athletes. Cites factors that should be incorporated in any mandatory drug testing policy. (MLF)
Descriptors: Administrator Role, Athletics, Court Litigation, Drug Use Testing
Peer reviewed Peer reviewed
Evans, John M. – Journal of Law and Education, 1990
The National Collegiate Athletic Association (NCAA) drug-testing program affects thousands of collegiate athletes. This article examines the web of testing procedures and raises questions about the legitimate interest of the program; focuses on federal and state constitutional limitations; and suggests some ways to correct operating procedures.…
Descriptors: College Athletics, Constitutional Law, Court Litigation, Drug Use Testing
Peer reviewed Peer reviewed
Mahon, J. Patrick – NASSP Bulletin, 1995
In June 1995, the U.S. Supreme Court upheld the Vernonia (Oregon) School District's right to conduct random drug tests of its student athletes. The court balanced a seventh grader's privacy interest with the state's interest in curbing drug abuse among student athletes. Before adopting drug-testing policies, school boards should assess the local…
Descriptors: Athletes, Boards of Education, Community Involvement, Court Litigation
Peer reviewed Peer reviewed
Teagarden, C. Claude – West's Education Law Reporter, 1991
Examines the National Collegiate Athletic Association's drug testing program of student-athletes and relevant legal decisions. Concludes that each individual urinalysis search, not based on suspicion, is a violation of the student-athlete's privacy and is an unreasonable search in violation of the Fourth Amendment. (100 references) (MLF)
Descriptors: Athletes, College Athletics, Constitutional Law, Court Litigation
Bartlett, Larry D. – West's Education Law Quarterly, 1993
Reviews court rulings on the issue of school authority over out-of-school conduct of student athletes and others involved in extracurricular activities. Questions why good conduct rules can be so easily justified to the satisfaction of judges, although the problems with which they are designed to deal continue to exist and grow. (MLF)
Descriptors: Alcohol Abuse, Athletes, Court Litigation, Discipline Policy
Brown, Valerie L. – West's Education Law Quarterly, 1996
Addresses the question of institutional duty of care in college sports. Asks if the Supreme Court's decision in "Vernonia," which held that random, suspicionless urinalysis testing of student-athletes is allowed, gives college officials a free hand in conducting random, suspicionless searches for college athletes and nonathletes alike.…
Descriptors: Athletes, College Athletics, Court Litigation, Drug Use Testing
Peer reviewed Peer reviewed
Roberts, Nathan M.; Fossey, Richard – Journal of Law & Education, 2002
Discusses several state and federal court cases testing the limits of school district efforts to expand the scope of random student drug-testing since the Supreme Court's 1995 decision in "Vernonia School District 47J v. Action," wherein the Court approved random drug-testing of student athletes in public high schools. (Contains 113…
Descriptors: Athletics, Board of Education Policy, Court Litigation, Drug Use Testing
Minnesota House of Representatives, St. Paul. Research Dept. – 1989
This document examines the Fourth Amendment as the source of search and seizure law; drug testing of school employees; and drug testing searches of students. The United States Supreme Court case that established the two-part test to determine the legality of a student search is discussed, three separate student drug testing programs that have been…
Descriptors: Constitutional Law, Court Litigation, Drug Use Testing, Educational Legislation
Peer reviewed Peer reviewed
Hutton, Chris – Journal of Law and Education, 1992
Discusses the decision to implement a drug and alcohol testing program, analyzing how such programs fit within the traditional functions of criminal and administrative law, pinpoints some messages conveyed by testing programs, and discusses factual premises that should underlay such programs. Reviews recent U.S. Supreme Court rulings and gauges…
Descriptors: Administrator Responsibility, Court Litigation, Criminal Law, Drug Use Testing
Peer reviewed Peer reviewed
Carpenter, Linda J. – Strategies, 1996
The U.S. Supreme Court recently heard a case about mandatory drug tests for student athletes. This article discusses the case, in which the U.S. Supreme Court ruled in favor of the school district's right to conduct drug tests, noting its relevance to the 4th, 5th, and 14th Amendments. (SM)
Descriptors: Athletes, Constitutional Law, Court Litigation, Drug Use Testing
Dowling-Sendor, Benjamin – American School Board Journal, 2000
In a case involving questionable canine search-and-seizure practices, a circuit court upheld a school board's decision to terminate a teacher's contract. While touting zero tolerance, the board fired an honored teacher 3 years from retirement who may not have known about the marijuana cigarette in her car. (MLH)
Descriptors: Court Litigation, Drug Use Testing, Elementary Secondary Education, Marijuana
Mawdsley, Ralph D.; Russo, Charles J. – School Business Affairs, 2001
Reviews recent federal appellate court cases dealing with legal issues involving random drug testing of students participating in extracurricular activities. Draws implications for school business officials and other educators. (PKP)
Descriptors: Board of Education Policy, Constitutional Law, Court Litigation, Drug Use Testing
Jones, Rebecca – American School Board Journal, 1996
Filing a lawsuit against a school district often means challenging the core values of a community. Cases discussed include a suit to prevent the broadcasting of morning prayers in school ("Herdahl"), a suit over the singing of a religious song ("Bauchman"), and drug-use testing for student athletes ("Acton"). (MLF)
Descriptors: Civil Rights, Constitutional Law, Court Litigation, Drug Use Testing
Peer reviewed Peer reviewed
Raimo, Angela M. – Journal of Alcohol and Drug Education, 1991
Focuses on the recent application and interpretation of the Fourth Amendment to school children. Discusses the amendment in regard to the relationship between school authorities and children, students' legitimate expectation of privacy, reasonableness in justification of a search, issues of mass mandatory screening, and requirements of due process…
Descriptors: Civil Liberties, Court Litigation, Drug Use Testing, Due Process
Peer reviewed Peer reviewed
Ranney, James T. – Journal of College and University Law, 1990
University legal counsel advising public institutions about the constitutionality of student-athlete drug testing must be prepared to show that the need for such programs outweighs the invasion of privacy. Performance-enhancing drugs should be distinguished from ordinary street drugs because competitive pressures to use the former justify random…
Descriptors: Athletes, Civil Liberties, College Administration, College Athletics
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