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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
Peer reviewed Peer reviewed
Orr, 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
Peer reviewed Peer reviewed
Stefkovich, Jacqueline A. – Journal for a Just and Caring Education, 1996
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…
Descriptors: Court Litigation, Drug Use Testing, Elementary Secondary Education, Legal Problems
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
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
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
Deivert, Richard G. – Journal of Alcohol and Drug Education, 1991
Examines whether Fourth Amendment of United States Constitution applies to relationship between student athlete and educational institution and whether drug testing is illegal search and seizure in violation of the amendment. Suggests that institutions strike an appropriate balance between helping student athletes protect their own health, while…
Descriptors: Athletes, Civil Liberties, Drug Use Testing, Due Process
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
Rossow, Lawrence F.; Stefkovich, Jacqueline A. – 1995
Search and seizure in the public schools has long been a problem for both school authorities and law-enforcement officers. Students have also been known to have been deprived of their constitutional rights. Much of the problem stems from a lack of clarity in the application of the Fourth Amendment to the school setting. This monograph was written…
Descriptors: Civil Rights, Compliance (Legal), Constitutional Law, Court Litigation