With the untimely death of a University of Louisville cheerleader due to an accidental drug overdose in the summer of 2014, the athletic department representatives took steps to prevent future incidents by adding cheerleaders to the randomized drug testing protocols conducted at the university for the student-athletes involved in National…

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)…

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…

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)

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)

The Vernonia (Oregon) School District passed a mandatory random drug testing policy for student athletes that was later upheld by the U.S. Supreme Court. A survey of randomly selected superintendents in five geographic regions disclosed that a majority of respondents who knew about the case were leaning toward not adopting a similar policy. (28…

By upholding a student's refusal to provide a urine sample, the Seventh Circuit Court correctly avoided further erosion of the Fourth Amendment's privacy principle. In "New Jersey v T.L.O." (1995), the U.S. Supreme Court shrunk the probable-cause standard to reasonable suspicion in the special context of public schools, retaining the…

Both public and non-public school educators are aware that courts, over the last several decades, have played an increasingly significant role in defining school policy. Decisions in such areas as school desegregation, prayer, public school financing, student rights, collective bargaining, and other personnel issues attest to the extent and…

In recent years, public school students have been searched with metal detectors and occasionally sniffed by dogs or strip searched. Their lockers and bookbags have been searched, and their urine has been tested for drugs--all in the name of school safety. This article explores the legal ramifications of such searches and calls for a critical…

Discusses (1) school drug testing and reasons why schools should have embraced it; (2) educational systems' responses to student drug testing and reasons schools have not adopted it; and (3) school social organization and politics accounting for schools' deploring drug use yet ignoring potentially useful technology. Four responses are appended.…

Concerns over students' and staff members' safety in public schools continue to mount-- manifested in zero-tolerance policies, stringent disciplinary practices, and efforts to implement drug-screening programs. Although "reasonable suspicion" for searches and drug testing is the watchword, courts cannot agree on definitions. Legalities…

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…

The Office of National Drug Control policy has put together this guide to assist educators, parents, and community leaders in determining whether student drug testing is appropriate for their schools. The aim is to provide anyone considering a drug-testing program in his or her community with a broad understanding of the issue and solid,…

This report provides information about drug testing by American secondary schools, based on results from national surveys. The purposes of this study are (1) to provide descriptive information on drug testing practices by schools from 1998 to 2001, and (2) to examine the association between drug testing by schools and reported drug use by…