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Bjorklun, Eugene C. – West's Education Law Quarterly, 1993
Examines recent court decisions regarding the legality of drug-testing programs aimed at student athletes. Concludes the drug-testing programs will be upheld if the program is narrowly drawn with regard to the student population; aims at limited and achievable goals; involves random selection of students for testing; and imposes penalties…
Descriptors: Athletes, Court Litigation, Drug Use Testing, High School Students
Peer reviewed Peer reviewed
Stader, David L.; Francis, Dannie B. – Clearing House, 2003
Examines litigation involving academic freedom, expressive freedom, and drug testing as examples of the shifting balance between teacher rights and school board authority. Concludes that balancing teacher rights with community expectations is difficult, and the scales of justice may not always tip in favor of a teacher's rights. (SG)
Descriptors: Academic Freedom, Court Litigation, Drug Use Testing, Elementary Secondary Education
Peer reviewed Peer reviewed
Journal of Law and Education, 1996
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…
Descriptors: Athletes, Court Litigation, Drug Use Testing, Extramural Athletics
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
Gibbs, Annette – West's Education Law Reporter, 1991
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.…
Descriptors: Athletes, College Athletics, Court Litigation, Drug Education
Pittman, Andrew T.; Slough, Mark R. – West's Education Law Quarterly, 1996
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…
Descriptors: Athletes, Court Litigation, Drug Use Testing, Federal Courts
Peer reviewed Peer reviewed
Sultanik, 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 reviewed Peer reviewed
Evans, 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 reviewed Peer reviewed
Teagarden, 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
Bartlett, Larry D. – West's Education Law Quarterly, 1993
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)
Descriptors: Alcohol Abuse, Athletes, Court Litigation, Discipline Policy
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
Jones, Rebecca – American School Board Journal, 1996
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)
Descriptors: Civil Rights, Constitutional Law, Court Litigation, Drug Use Testing
Peer reviewed Peer reviewed
Ranney, James T. – Journal of College and University Law, 1990
University legal counsel advising public institutions about the constitutionality of student-athlete drug testing must be prepared to show that the need for such programs outweighs the invasion of privacy. Performance-enhancing drugs should be distinguished from ordinary street drugs because competitive pressures to use the former justify random…
Descriptors: Athletes, Civil Liberties, College Administration, College Athletics
Peer reviewed Peer reviewed
Tatel, David S.; Sneed, Maree – West's Education Law Reporter, 1990
This review of 1989-90 Supreme Court decisions is divided into four sections by subject matter: (1) student rights; (2) employee rights and labor issues; (3) school desegregation; and (4) special education. A list of cases and statutes discussed, with citations, is included. (MLF)
Descriptors: Civil Liberties, Court Litigation, Court Role, Drug Use Testing
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
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