Legal & Ethical Guide by Jana Dudley https://padlet.com/jdudley51/l2hjfszdj9ao1g2l Search & Seizure en-us 2021-03-09 17:46:41 UTC 2021-03-12 23:23:35 UTC hello@padlet.com 4th Amendment of the U.S. Constitution. jdudley51 https://padlet.com/jdudley51/l2hjfszdj9ao1g2l/wish/1288991909
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 
]]> 2021-03-09 17:52:00 UTC https://padlet.com/jdudley51/l2hjfszdj9ao1g2l/wish/1288991909 New Jersey v. T.L.O. jdudley51 https://padlet.com/jdudley51/l2hjfszdj9ao1g2l/wish/1294050695 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

]]> 2021-03-10 17:09:04 UTC https://padlet.com/jdudley51/l2hjfszdj9ao1g2l/wish/1294050695 Tannahill v. Lockney Independent School District jdudley51 https://padlet.com/jdudley51/l2hjfszdj9ao1g2l/wish/1294228114 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. 



]]> 2021-03-10 17:38:43 UTC https://padlet.com/jdudley51/l2hjfszdj9ao1g2l/wish/1294228114 Board of Education v. Earls jdudley51 https://padlet.com/jdudley51/l2hjfszdj9ao1g2l/wish/1300524739 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

]]> 2021-03-11 22:44:42 UTC https://padlet.com/jdudley51/l2hjfszdj9ao1g2l/wish/1300524739 Board Policy Manual FNF (Local) jdudley51 https://padlet.com/jdudley51/l2hjfszdj9ao1g2l/wish/1300540506 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.
]]> 2021-03-11 22:52:41 UTC https://padlet.com/jdudley51/l2hjfszdj9ao1g2l/wish/1300540506 ASCA A.1.g jdudley51 https://padlet.com/jdudley51/l2hjfszdj9ao1g2l/wish/1302108979 [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. ]]> 2021-03-12 11:27:28 UTC https://padlet.com/jdudley51/l2hjfszdj9ao1g2l/wish/1302108979 Parents and Students jdudley51 https://padlet.com/jdudley51/l2hjfszdj9ao1g2l/wish/1302111905 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.]]> 2021-03-12 11:28:53 UTC https://padlet.com/jdudley51/l2hjfszdj9ao1g2l/wish/1302111905 Drug testing and students jdudley51 https://padlet.com/jdudley51/l2hjfszdj9ao1g2l/wish/1302117768 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. ]]> 2021-03-12 11:31:36 UTC https://padlet.com/jdudley51/l2hjfszdj9ao1g2l/wish/1302117768 Why We Test Students for Drugs jdudley51 https://padlet.com/jdudley51/l2hjfszdj9ao1g2l/wish/1302156546 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]]> 2021-03-12 11:49:22 UTC https://padlet.com/jdudley51/l2hjfszdj9ao1g2l/wish/1302156546 Mandatory Drug Testing as a Deterrent for High School Athletes: Effective or a Waste of Money jdudley51 https://padlet.com/jdudley51/l2hjfszdj9ao1g2l/wish/1302169298
  • 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
    ]]>     2021-03-12 11:55:37 UTC https://padlet.com/jdudley51/l2hjfszdj9ao1g2l/wish/1302169298     The Normative Fourth Amendment jdudley51 https://padlet.com/jdudley51/l2hjfszdj9ao1g2l/wish/1302294288
  • 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/
    ]]>     2021-03-12 12:50:21 UTC https://padlet.com/jdudley51/l2hjfszdj9ao1g2l/wish/1302294288     Texas school district to randomly test students participating in extracurricular activities throughout the year jdudley51 https://padlet.com/jdudley51/l2hjfszdj9ao1g2l/wish/1302316750
  • 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
    ]]>     2021-03-12 12:57:54 UTC https://padlet.com/jdudley51/l2hjfszdj9ao1g2l/wish/1302316750     Best Practice jdudley51 https://padlet.com/jdudley51/l2hjfszdj9ao1g2l/wish/1302354460
  • 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
    • ]]>     2021-03-12 13:10:42 UTC https://padlet.com/jdudley51/l2hjfszdj9ao1g2l/wish/1302354460