Over the past several decades, mandatory random student drug testing (MRSDT) has emerged as a form of genuine high-stakes testing. Embroiled in litigation and controversies, stakeholders have been searching for a balance between ensuring rights and maintaining the safety and wellbeing of students. Historical elements to the question of allowing…

Non-individualized (so-called "random") drug testing in public schools presents issues of Constitutional law on both the federal and state levels, particularly with regard to citizens' freedom from "unreasonable searches and seizures." The trend toward increasing acceptance of such testing by the courts (and particularly the U.S. Supreme Court)…

Because of a proposed policy, public school teachers in Hawaii are facing the possibility of being randomly tested for illegal drugs. Random drug testing has many implications and its impact is questionable. In this article, the author scrutinizes the controversial drug-testing policy for both troubling and promising aspects and how educators may…

This third edition expands coverage on such topics as the law and students with disabilities, confidentiality, sexual harassment, student searches and tuition vouchers. It also includes some new topics such as bullying, copyright law, and the law and the internet. Both public and nonpublic school educators are aware that courts, over the last…

This study examines prevention practices and perceptions in U.S. schools since passage of federal No Child Left Behind (NCLB) legislation, using survey data from state education agencies (SEA) and a population-based sample of school districts. Only one third of U.S. public school districts rely on evidence-based prevention curriculum in middle…

In his 2004 State of the Union address, President George W. Bush described drug testing as "an effective part" of an "aggressive, community-based strategy to reduce demand for illegal drugs" (as cited in Lineburg, Alexander, & Sughrue, 2006 [emphasis added]). His statement fueled debate about the role of U.S. public schools…

Although employee drug testing is widespread among private employers, the development of programs in the public sector has been slower due to constitutional law constraints. A qualitative approach presenting various participant perspectives may aid in developing an employee drug testing program. (Contains 41 references/notes.) (JOW)

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)

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:…

Public concern about use of drugs by young people in the United States remains high and efforts to counter drug abuse through education and intervention continue. While drug testing of athletes at the collegiate level is fairly common, legal restraints make testing less common at the secondary school level. After citing numerous statistics…

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)

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)

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…

The issue of drug testing is the focus of this ERIC Digest. Several aspects of drug testing discussed in question-and-answer format: (1) What is the current status of drug use in the schools? (2) What legal questions arise when schools consider drug testing? (3) How might drug testing be applied in a fair, economical, and legally safe manner? (4)…

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)