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Dowling-Sendor, Benjamin – American School Board Journal, 2001
In an Oklahoma case, absence of a documented drug problem among students in nonathletic extracurricular activities led the10th Circuit Court to strike down the district's policy as unreasonable and unconstitutional. Imposing random, suspicionless drug-testing policies for all students attending school might violate the Fourth Amendment. (MLH)
Descriptors: Court Litigation, Documentation, Drug Use Testing, Extracurricular Activities
Dowling-Sendor, Benjamin – American School Board Journal, 2000
In its "stare decisis" ruling upholding a Pennsylvania school district's random drug-testing policy, a three-judge panel of the Seventh Circuit Court of Appeals nonetheless declared its disagreement with a similar panel's 1998 decision upholding another district's policy of random, suspicionless drug, alcohol, and tobacco testing. (MLH)
Descriptors: Court Litigation, Drug Use Testing, Elementary Secondary Education, Privacy
Dowling-Sendor, Benjamin – American School Board Journal, 2002
Analysis of the U.S. Supreme Court's recent decision in "Board of Education of Independent School District No. 92 of Pottawatomie County v. Earls," wherein the Court held that random drug testing of students taking part in extracurricular activities is constitutional. (PKP)
Descriptors: Board of Education Policy, 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
Dowling-Sendor, Benjamin – American School Board Journal, 1999
The recent decision of the 8th U.S. Circuit Court of Appeals in "Miller," based on the school district's interest in preventing possible abuse, gave legal support for random, suspiciousless drug testing of students. Contends this is a "slippery slope" argument, that the key factor in deciding whether to adopt a policy of random drug testing should…
Descriptors: Board of Education Policy, Court Litigation, Drug Use Testing, Elementary Secondary Education