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