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McCarthy, Martha M. – Principal Leadership, 2001
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…
Descriptors: Definitions, Drug Use Testing, High Schools, Legal Problems
Peer reviewedStader, David L. – Clearing House, 2002
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…
Descriptors: Court Litigation, Discipline Policy, Drug Use Testing, Management Development
Peer reviewedSultanik, Jeffrey T. – Journal of Law and Education, 1990
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)
Descriptors: Administrator Role, Athletics, Court Litigation, Drug Use Testing
Peer reviewedEvans, John M. – Journal of Law and Education, 1990
The National Collegiate Athletic Association (NCAA) drug-testing program affects thousands of collegiate athletes. This article examines the web of testing procedures and raises questions about the legitimate interest of the program; focuses on federal and state constitutional limitations; and suggests some ways to correct operating procedures.…
Descriptors: College Athletics, Constitutional Law, Court Litigation, Drug Use Testing
Peer reviewedMahon, J. Patrick – NASSP Bulletin, 1995
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…
Descriptors: Athletes, Boards of Education, Community Involvement, Court Litigation
Peer reviewedTeagarden, C. Claude – West's Education Law Reporter, 1991
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)
Descriptors: Athletes, College Athletics, Constitutional Law, Court Litigation
Brendtro, Larry K.; Martin, Gordon A., Jr. – Reclaiming Children and Youth: The Journal of Strength-based Interventions, 2006
This launches a new periodic feature in Reclaiming Children and Youth. "Justice Alerts" examines current laws and policies against the twofold standards of solid science and moral values. This inaugural article explores the legal issues and political rhetoric surrounding random drug testing in schools and describes how science is being…
Descriptors: Drug Use Testing, Middle School Students, High School Students, Juvenile Justice
Office of National Drug Control Policy, Washington, DC. – 2002
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,…
Descriptors: Drug Use Testing, Elementary Secondary Education, Illegal Drug Use, Models
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
Minnesota House of Representatives, St. Paul. Research Dept. – 1989
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…
Descriptors: Constitutional Law, Court Litigation, Drug Use Testing, Educational Legislation
Peer reviewedHutton, Chris – Journal of Law and Education, 1992
Discusses the decision to implement a drug and alcohol testing program, analyzing how such programs fit within the traditional functions of criminal and administrative law, pinpoints some messages conveyed by testing programs, and discusses factual premises that should underlay such programs. Reviews recent U.S. Supreme Court rulings and gauges…
Descriptors: Administrator Responsibility, Court Litigation, Criminal Law, 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
Gibbs, Annette – 1992
This brief paper summarizes a full length report of the same title which examines the ongoing debate on the conflicting rights and responsibilities of students and college administrations in the areas of offensive speech, rights of assembly, drug testing and campus safety. On offensive speech and the rights of colleges and universities to regulate…
Descriptors: Athletes, Campuses, Civil Rights, College Athletics
Peer reviewedRaimo, 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 reviewedDeivert, 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

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