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Peer reviewedAllred, Stephen – School Law Bulletin, 1989
Outlines the federal Drug-Free Workplace Act of 1988 and examines recent Supreme Court rulings on drug testing of employees. Notes that for the majority of public employees, the requirement remains that drug testing be premised on individualized suspicion of drug use based on supporting evidence. (MLF)
Descriptors: Court Litigation, Drug Use Testing, Federal Courts, Federal Legislation
Peer reviewedJournal of Law and Education, 1996
The Supreme Court, in "Vernonia School District 47J versus Acton," ruled that a school district's policy authorizing random urinalysis drug testing of student-athletes did not violate the Fourth Amendment. Discusses the decision and why such a policy is permissible under the Fourth Amendment's prohibition against unreasonable searches…
Descriptors: Athletes, Court Litigation, Drug Use Testing, Extramural Athletics
Peer reviewedOrr, Ginger – Journal of Law and Education, 2000
Discusses the importance of drug-testing policies for educators by analyzing the recent Sixth Circuit Court of Appeal's decision in "Knox v. Knox." Concludes that mandatory drug testing for educators in safety-sensitive positions will not infringe on the constitutional rights of school employees. (Contains 30 footnotes.) (MLF)
Descriptors: Boards of Education, Court Litigation, Drug Use Testing, Elementary Secondary Education
Schreck, Myron – 1991
In 1985, the United States Supreme Court, in "New Jersey v. T.L.O.," held that the Fourth Amendment applies to searches and seizures conducted by public school administrators. This paper discusses the current state of Fourth Amendment law with regard to public school searches and seizures. Among the subtopics discussed are the following:…
Descriptors: Court Litigation, Drug Use Testing, Elementary Secondary Education, Federal Courts
Pittman, Andrew T.; Slough, Mark R. – West's Education Law Quarterly, 1996
Addresses the Fourth Amendment constitutional challenges facing high school student-athlete drug testing programs and applies the findings in the U.S. Supreme Court decision in the "Vernonia versus Acton" case, the first drug-testing case involving high school student athletes to be decided by the Court, by recommending 12 safeguards…
Descriptors: Athletes, Court Litigation, Drug Use Testing, Federal Courts
Russo, Charles J.; Morse, Timothy E. – School Business Affairs, 1995
In "Acton," the Supreme Court upheld a local school board policy calling for the random, suspicionless drug testing of interscholastic student-athletes. Reviews the Court's holdings. Concludes that a drug-testing policy that is consistent with "Acton" and enjoys broad-based community support probably would be worth its expense.…
Descriptors: Athletes, Court Litigation, Drug Abuse, Drug Use Testing
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 reviewedRoberts, 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
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 reviewedTatel, David S.; Sneed, Maree – West's Education Law Reporter, 1990
This review of 1989-90 Supreme Court decisions is divided into four sections by subject matter: (1) student rights; (2) employee rights and labor issues; (3) school desegregation; and (4) special education. A list of cases and statutes discussed, with citations, is included. (MLF)
Descriptors: Civil Liberties, Court Litigation, Court Role, Drug Use Testing
Rossow, Lawrence F.; Stefkovich, Jacqueline – West's Education Law Quarterly, 1996
In "Acton," the Supreme Court upheld a local school board policy calling for the random, suspicionless drug testing of interscholastic student athletes. The Supreme Court reasoned that student athletes have a low expectation of privacy; the scope of the search was relatively unobtrusive; and the program served an important government…
Descriptors: Athletes, Board of Education Policy, Court Litigation, Discipline
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
Peer reviewedTatel, David S.; Mincberg, Elliot M. – West's Education Law Reporter, 1989
Summarizes the Supreme Court's 1988-89 term in five sections: (1) civil rights in the context of employment and other liability-related issues; (2) special education; (3) freedom of speech and religion issues; (4) school desegregation; and (5) school finance-related issues. A list of all cases discussed, including case citations, is included at…
Descriptors: Affirmative Action, Civil Rights, Court Litigation, Drug Use Testing
Weeks, J. Devereux – 1992
Public school principals and teachers have a compelling need to understand student rights when teaching constitutional principles that apply to students. This book seeks to help both students and educators understand those rights. The work concerns itself with the fundamental federal constitutional rights of public school students. A study of the…
Descriptors: Civil Rights, Constitutional Law, Corporal Punishment, Court Litigation


