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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
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
Jacobs, James B.; And Others – Teachers College Record, 1992
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.…
Descriptors: Drug Use Testing, Elementary Secondary Education, Illegal Drug Use, Politics of Education
National School Safety Center, Sacramento, CA. – 1988
Drug abuse in schools, and to a lesser extent, alcohol and tobacco abuse, are the topics of this report. Discussions are provided in these areas: (1) prevalence of drug abuse; (2) student attitudes and beliefs; (3) drug laws and school rules; (4) student searches and drug testing; (5) drug epidemic reaching the very young; (6) tobacco abuse; (7)…
Descriptors: Adolescents, Alcohol Education, Drug Abuse, Drug Education
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
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
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
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