Transcript LAW_233-234
Pages 233-234
By Gerald Card
DRUG TESTING
TITLE AND CITATION
Knox County Education Association v. Knox
County Board Of Education
158 F.3d 361 (6th Cir. 1998) cert denied
528 U.S. 812 (1999)
ISSUE
Drug Testing was a violation of the 4th
Amendment-the right to unreasonable search
and seizure
HOLDING
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.
HOLDINGS
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
LEGAL DOCTRINE
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
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
SIGNIFICANCE
When public safety issues are involved, the
courts uphold drug testing, If not Reasonable
Suspicions is required