Board Of Education V. Earls Case Study

Why would you take a drug test if you have never touched drugs in your life? This is a question that many parents seem to be asking at schools all around the country. Many parents think that it is unfair that students who play sports must have their privacy invaded. I believe that drug testing in schools is unnecessary because it is expensive and a waste of money for schools, it is not effective, and it is not constitutional.

The case of Ashfield Council v Trinity Grammar School is included in Class 1 (environmental planning and protection appeals). According to the section 97 and 97AA Land and Environment Court Act 1979, Class 1 - development appeals relates to the development application and development modification consent for different kinds of development.

In the case of Vernonia v. Acton the fourth amendment is involved. The fourth amendment states that all people should be secure in their persons, houses, papers and effects against unreasonable searches and seizures. The Vernonia School District found that student athletes were participating in drug use after an official investigation, because of this they began requiring random drug testing for the students to participate in school sports. A student at the school, James Acton, and his parents did not consent to the random testing so he was not allowed to participate in football. Because he was not allowed, it was questioned if random drug testing of the student athletes violated the reasonable search and seizure clause of the fourth amendment.

New Jersey statute N.J.A.C. 6A:16-4.4 raises a host of legal and financial issues for school district administrators. According to the law, when it comes to random testing of student alcohol and other drug use, districts that decide to do random drug tests must follow certain protocols to ensure students’ 4th Amendment rights are not violated.

In response to the issues, the school district made an effort to quell the issue by inviting speakers, and several different presentations to limit the drug use of students help the comprehend it’s dangers and negative impacts. However, this did not stop the problem. To solve this issue, a policy of drug testing had been adopted. One student in particular, James Acton-- had refused to participate in these random testing. Upon his refusal, he was then denied participation in his school’s American Football Program. After this case was taken to the Supreme Court, an argument for James Acton was that the random drug testing policy violated the clauses in the 4th amendment that protected for unreasonable searching. The Supreme Court decided that the search was in fact reasonable due to the schools attempt to quell the issue of drug use and keep students safe. The majority opinion stated that the search was reasonable. There was hard evidence that there was definitely a drug problem in the school. To quote an excerpt from acclaimed author Johnson Scott F “Fourth Amendment rights, no less than First and Fourteenth Amendment rights, are different in public schools than elsewhere; the "reasonableness" inquiry cannot disregard the schools ' custodial and tutelary responsibility for children. For their own good and that of their classmates, public school children are routinely required to submit to various physical examinations and to be vaccinated

Because of the 4th Amendment, every American can go about their day knowing that they cannot have an unreasonable search or seizure and no warrants can be issued without probable cause (Doc A). However, based on these cases, the Supreme Court has favored schools when it comes to drug testing. They believe that by drug testing, despite the small infringement upon a persons rights, schools do not need to issue a warrant, drug testing is for the safety of everyone, and to and persuade students to not do drugs. This goes to show that just because an Amendment grants you something, you do not always get it based on the Supreme Courts

In September 2000 a school in New Jersey suspended all random testing when the American Civil Liberties Union filed a lawsuit in New Jersey state court on behalf of students who claimed their Fourth Amendment rights were violated. I disagree with this problem because I am positive people don’t really mind taking the test if they are not hiding a anything. The Fourth Amendment states this “The right of the people to be secure in their people, homes, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized”. Well technically the school did violate their rights but if the students are in any kind of athletic program they should be able to take a drug test with being able to say their rights are being

High School Students- If they’re going to drug test a student, it has to be random. If a person suspects a person is coming to school drunk/high, they should be able to test them then and there, with or without parent consent. Now if a student reports that another student is out every weekend and goes home after performing in games and gets high

There is an arising problem in school communities; The problem is increasing student drug abuse. In order to combat these rising statistics, drug testing is being implemented, however, some may argue that this invades the students’ privacy. Drug testing in schools are completely randomized, where students are picked at random and given a urine test. The urine test tell whether there are any drugs such as marijuana, cocaine, amphetamines, or opioids, are in the student's system. Those in favor of drug testing, believe that it will dissuade students from doing drugs by giving students a reason to fear doing them. The consequences of getting caught scare kids so they won’t do drugs. However, some believe that random drug tests infringe upon student rights and cause more harm than good, and dissuading kids from interacting in extracurricular activities why?

Regardless of the fourth amendment, when a student joins an extracurricular activity at any school they sign a contract giving the school permission to search and drug test

According to the Indiana Prevention Resource Center, school based drug testing has been occurring for about three decades. It is proclaimed that it in fact is constitutional to drug test students in all grades.( Indiana University 1). I agree with this statement because we are given the chance to learn and be educated for 18 years and more, and it is only fair to be expected to show up sober.

Imagine if your child or you walked into school and was randomly tested for drug residue. You or your child did nothing wrong and they have no evidence that he or she was taking drugs. How would you feel about that? Would you be alright with that? This is brought up because this topic of being drug tested in schools randomly is being argued about quite often. Drug tests should not be mandatory for students because they violate students’ rights, are very costly, and are not an effective way of getting rid of drug use in schools.

While the Policy seems straight forward, two students from Tecumseh High School, Lindsay Earls and Daniel James as well as their parents, filed a 42 U.S.C. § 1983 against the school district. They believed that by having mandatory drug tests, it infringed on their Fourth Amendment Right as they were first subjected to a drug test, but then could be asked to take

Should students be subjected to random drug tests? The United States supreme court created new laws in 2002 stating that public schools could drug test any student that are competing in any competitive extracurricular activity. The supreme court ruled that public school could test for any illegal substance. Even though drug testing for student athletes is legal, it is not an effective way in stopping students from using drugs.

Finally the fourth Amendment supports drug testing. “Of particular concern is the the rise in use of anabolic steroids, tranquilizers, and barbiturates… non-medically”(PIAC). There are many drugs being used to