Maintaining a safe, orderly learning environment is a significant challenge for education leaders, especially when students insist on bringing alcohol, weapons, and drugs into schools. To compound that challenge, educators who wish to uncover contraband must do so within the confines of the Fourth Amendment's prohibition against unreasonable…

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)

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…

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…

Mandatory testing of college and university athletes has met with mixed success not only in combating substance abuse but in legal arguments. Students have claimed that drug testing violates their constitutional rights of equal protection, protection against unreasonable search and seizure, and due process, and is a gross invasion of privacy.…

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…

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…

Notes that students' legitimate expectations of privacy and school officials' need to maintain school discipline and safety often collide. Outlines guidelines for searching in the following instances: student lockers; drug dogs; student trips; strip searches; and urinalysis. Suggests that training for all administrators, faculty, and staff in the…

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…

Examines the National Collegiate Athletic Association's drug testing program of student-athletes and relevant legal decisions. Concludes that each individual urinalysis search, not based on suspicion, is a violation of the student-athlete's privacy and is an unreasonable search in violation of the Fourth Amendment. (100 references) (MLF)

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)

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…

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…

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…

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…