Pages 233-234

By Gerald Card

Knox County Education Association v. Knox County Board Of Education

158 F.3d 361 (6th Cir. 1998) cert denied

528 U.S. 812 (1999)

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

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.

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

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

Hearn v. Savannah Board of Education191 F. 3d 1329 (11th Cir 1999) cert denied529 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

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