Drug Testing

1. Pages 233-234 By Gerald Card Drug Testing

2. Knox County Education Association v. Knox County Board Of Education 158 F.3d 361 (6th Cir. 1998) cert denied 528 U.S. 812 (1999) Title and Citation

3. Drug Testing was a violation of the 4th Amendment-the right to unreasonable search and seizure Issue

4. Suspicionless drug testing for all to apply, transfer to, or promoted to a safety sensitive position-such as principals, teachers, aids, subs, secretaries, and bus drivers. This is a 1 time test. Holding

5. Reasonable Suspicion drug/alcohol testing of all school employees-there must be a drug or alcohol related incident to prompt the test. This does not support random drug testing Holdings

6. United Teachers of New Orleans v. Orleans Parish School Board 142 F. 3d 853 (5th Cir. 1998) Policy was Challenged: Anyone injured in the course of employment had to submit to drug testing Court found that an injury had no correlation to the use of drugs-policy violated 4th Amendment Legal Doctrine

7. Hearn v. Savannah Board of Education 191 F. 3d 1329 (11th Cir 1999) cert denied 529 U.S. 1109 (2000) -Routine drug sniffing dog found a partially burned marijuana cigarette in her car. The car was unlocked and the window down. -This was “reasonable suspicion” to prompt a mandatory drug test within a 2 hr. period. -She failed to cooperate and was fired-firing upheld Legal Doctrine

8. When public safety issues are involved, the courts uphold drug testing, If not Reasonable Suspicions is required Significance