[DOWNLOAD] "Marijuana Or Football (Or the Future Farmers of America): Board of Education V. Earls." by Harvard Journal of Law & Public Policy ~ Book PDF Kindle ePub Free

April 23, 2021

eBook details

Title: Marijuana Or Football (Or the Future Farmers of America): Board of Education V. Earls.
Author : Harvard Journal of Law & Public Policy
Release Date : January 22, 2003
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 256 KB

Description

Illegal drug use by a large portion of students is an unfortunate feature of most American high schools. (1) Parents and school boards across the nation are debating the merits of fighting and reducing3drug use through drug testing. (2) In Board of Education v. Earls, the Supreme Court upheld a high school policy that required all students who participated in any extracurricular activity to submit to drug testing. This ruling extended the Court's decision in Vernonia School District 47J v. Acton, (4) in which the Court upheld a high school policy requiring student athletes to submit to suspicionless drug tests. The Earls Court's reasoning centered on the broad mandate of schools' "custodial and tutelary responsibility for children" (5) and thus arguably opened the way for drug testing of all students. (6) However, Justice Breyer's concurrence, which provided the crucial fifth vote for the majority, is a harmful obstacle to school boards wishing to implement student drug testing if proper public forums for discussion are not provided, or if substantial public opposition to the proposed drug testing arises from those public debates. In the fall of 1998, the School District of Tecumsech, Oklahoma, in an effort to fight the use of illegal drugs by students, adopted the Student Activities Drug Testing Policy ("Drug Testing Policy"), which requires all students who participate in any extracurricular activity, including the Academic Team and the Future Farmers of America, to submit to drug testing. (7) The Drug Testing Policy requires students to take drug tests (through urine samples) before starting ah extracurricular activity, submit to random testing during participation in that activity and submit to tests at any time upon reasonable suspicion. (8) Respondent Earls, a student at Tecumseh High School, participated in several extracurricular activities that the Drug Testing Policy covered, including the marching band and the National Honor Society. (9) Earls brought a 42 U.S.C. [section] 1983 suit that challenged the District's Drug Testing Policy as violating the Fourth Amendment's protection against unreasonable searches. (10)