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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
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

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

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
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
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
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
Russo, Charles J.; Morse, Timothy E. – School Business Affairs, 1995
In "Acton," the Supreme Court upheld a local school board policy calling for the random, suspicionless drug testing of interscholastic student-athletes. Reviews the Court's holdings. Concludes that a drug-testing policy that is consistent with "Acton" and enjoys broad-based community support probably would be worth its expense.…
Descriptors: Athletes, Court Litigation, Drug Abuse, Drug Use Testing

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

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

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