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US Const. amend. 4

https://constitution.congress.gov/constitution/amendment-4/

protects people from unreasonable search and seizure

government, or its agents, must have probable cause to perform a search

requires a warrant, in most cases

some cases do not require a warrant, based on the exigency of the situation

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New Jersey v. T.L.O., 469 U.S. 325, 105 S. Ct. 733, 83 L. Ed. 2d 720 (1985)

https://supreme.justia.com/cases/federal/us/469/325/#tab-opinion-1955827

search must be justified at its inception, AND must be reasonable related in scope to the circumstances that justified interference in the first place

measures of the search must be reasonably related to the objectives of the search

measures of the search must not be excessively intrusive in light of the student's age and sex and the nature of the infraction

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Tannahill v. Lockney Independent School District

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Tannahill v. Lockney Independent School District

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Tannahill ex rel. Tannahill v. Lockney Indep. Sch. Dist., 133 F. Supp. 2d 919 (N.D. Tex. 2001).

https://law.justia.com/cases/federal/district-courts/FSupp2/133/919/2293222/

student and parent filed suit after school district implemented mandatory drug screening of all students.

the court determined there were no exigent circumstances requiring immediate urinalysis

the drug testing constituted unreasonable search and seizure under the circumstances.

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Bd. of Educ. of Indep. Sch. Dist. No. 92 of Pottawatomie Cty. v. Earls, 536 U.S. 822, 122 S. Ct. 2559, 153 L. Ed. 2d 735 (2002)

https://supreme.justia.com/cases/federal/us/536/822/#tab-opinion-1961143

held that students' 4th Amendment rights were not violated by requiring random drug testing of certain student groups

Justice Thomas delivered the opinion in the 5-4 ruling that explained "[t]he  need to prevent and deter the substantial harm of childhood drug use provides the necessary immediacy for a school testing policy (Justia).

Ruled that this type of drug testing was not considered unreasonable search and seizure

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Student Rights & Responsibilities
Investigations and Searches

Board policy manual: FNF (Local) -- Student rights and responsibilities, investigations and searches. (2019). Devine Independent School District.
https://pol.tasb.org/Policy/Code/879?filter=FNF

The District requires all grade 9-12 students to submit to random drug testing if they:

are an athlete

are involved in any type of extracurricular activity

request permission to park a car on school property

A student who fails a drug test, or refuses to submit to a drug test will not be allowed to participate in any school activity, other than general education, and will have their parking privileges revoked.

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[School Counselors] [a]re knowledgeable of laws, regulations and policies affecting students and families and strive to protect and inform students and families regarding their rights.

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This Padlet would be presented to parents and students prior to the first day of school and their receipt of the student code of conduct and permissions packet. It is important parents understand student rights versus the duty and rights of the school in the situation of mandatory drug testing.

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It is a common practice among school districts to require drug testing for students involved in athletics and extra-curricular activities, as well as those who request permission to park on school property. Over the course of the last several decades, challenges have been brought to court regarding these policies. In case after case, the courts have reaffirmed the districts' rights to hold such a policy for students involved in voluntary school activities. Further, the courts have found such policies do not violate student rights against unreasonable search and seizure provided they meet the standards of reasonable and justified.

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The School Superintendents Association

This article explains that drug testing within a school is necessary in order to maintain a safe school environment. Drug and steroid usage is on the rise, and this testing can discourage use by students who know they could be randomly tested at any time.

Brady, L. (n.d.). Why We Test Students For Drugs. The School Superintendents Association. https://www.aasa.org/SchoolAdministratorArticle.aspx?id=6198

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Mandatory Drug Testing as a Deterrent for High School Athletes: Effective or a Waste of Money

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Mandatory Drug Testing as a Deterrent for High School Athletes: Effective or a Waste of Money

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Education is believed to be a deterrent to drug use among adolescents

Drug use in high school athletes continues to rise

Drugs involved include illicit drugs and steroids

Drug testing may have significantly reduced the use of performance-enhancing substances and illegal drugs among student athletes

Guidry, J.J. & Roselli, A. (2020). Mandatory drug testing as a deterrent for high school athletes: effective or a waste of money. Physical Educator, 77(4), 760-773. http://search.ebscohost.com.easydb.angelo.edu/login.aspx?direct=true&db=eue&AN=147377261&site=ehost-live

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School drug testing is generally outside the realm of traditional law enforcement

Non-criminal drug testing is considered "special needs," which affords the government (in this case the school district) a very little leeway in infringement on student's rights

The need for the government's interest must outweigh privacy intrusions in order to meet the standard

Tokson, M. (2019). The normative fourth amendment. Minnesota Law Review, 104(2), 741-809. https://minnesotalawreview.org/article/the-normative-fourth-amendment/

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Texas school district to randomly test students participating in extracurricular activities throughout the year

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Texas school district to randomly test students participating in extracurricular activities throughout the year

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Bushland High School will conduct mandatory random drug testing of students in extracurricular activities

This testing may occur up to 10 times in a school year

Testing is intended to keep a safe school environment

Students who test positive will be

Positive test results will not result in disciplinary actions or penalties against the student

Meant to be proactive to allow student to make mistakes and get help

Jacobo, J. Texas school district to randomly test students participating in extracurricular activities throughout the year. (2019). ABC News. https://abcnews.go.com/US/texas-school-district-randomly-drug-test-students-participating/story?id=64538267

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Develop a clear comprehensive policy for district drug testing (mandatory and random)

Consult legal counsel and law enforcement prior to enactment of policy

Notify all stakeholders (parents, students, staff, community) of parameters of drug testing policy

Train staff to recognize when it is appropriate/inappropriate to test students (justified and reasonable)

Outline consequences of refusal/positive test

Implement intervention strategies (e.g., drug counseling, etc.)

Obtain student/parent permission for drug testing prior to first drug test

Implement testing on a random basis