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Russo, Charles J. – School Business Affairs, 2009
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…
Descriptors: Educational Environment, School Safety, Student Rights, Privacy
Stader, David L. – 2001
A review of legal decisions provides thought-provoking considerations for administrators who want to deter drug use on campus. The United States Supreme Court has recognized that even a limited search of students is a substantial invasion of privacy, but also that school officials need to maintain school discipline. Guidelines for the…
Descriptors: Court Litigation, Drug Use Testing, Elementary Secondary Education, Search and Seizure
Edmonson, Stacey – 2002
This study analyzed the current student drug testing policies of Texas public school districts in the context of the Fourth Amendment rights of students. Court decisions on this issue conflict, and school administrators, attorneys, and other concerned parties may be interested in knowing school districts policies. Responses were received from 827…
Descriptors: Athletes, Athletics, Court Litigation, Drug Use Testing

Ehrensal, Patricia A. – Educational Administration Quarterly, 2003
Examines legal and ethical ramifications of three roles of school authorities (agents-of-state, custodial, tutelary) legitimated in two Supreme Court decisions: "New Jersey v. T.L.0." (search and seizure) and "Vernonia v. Action" (drug use testing). (Contains 34 references.)(PKP)
Descriptors: Administrator Role, Court Litigation, Drug Use Testing, Elementary Secondary Education
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

Conlon, Cynthia Kelly – Journal of Law & Education, 2003
Examines impact of Supreme Court's 2002 decision in "Board of Education v. Earls" on high school random drug-testing policies and practices. Court held that random drug-testing policy at Tecumseh, Oklahoma, school district did not violate students' Fourth Amendment right against unreasonable searches. (Contains 46 references.) (PKP)
Descriptors: Board of Education Policy, Court Litigation, Drug Use Testing, High Schools
Mawdsley, Ralph D.; Russo, Charles J. – School Business Affairs, 2003
Analysis of 2001 United States Supreme Court decision in "Earls v. Board of Education of Tecumseh Public Schools," upholding random drug testing for students participating in extracurricular activities. Discusses implications for school policy and practice. (Contains 15 references.) (PKP)
Descriptors: Athletes, Board of Education Policy, Court Litigation, Drug Use Testing
Zirkel, Perry A. – Phi Delta Kappan, 1999
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…
Descriptors: Court Litigation, Drug Use Testing, High Schools, Privacy

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
Schreck, Myron – 1991
In 1985, the United States Supreme Court, in "New Jersey v. T.L.O.," held that the Fourth Amendment applies to searches and seizures conducted by public school administrators. This paper discusses the current state of Fourth Amendment law with regard to public school searches and seizures. Among the subtopics discussed are the following:…
Descriptors: Court Litigation, Drug Use Testing, Elementary Secondary Education, Federal Courts

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

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

Stader, 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

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