Pages By Gerald Card

Knox County Education Association v. Knox County Board Of Education  158 F.3d 361 (6 th Cir. 1998) cert denied  528 U.S. 812 (1999)

 Drug Testing was a violation of the 4 th 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 (5 th 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 4 th Amendment

Hearn v. Savannah Board of Education 191 F. 3d 1329 (11 th Cir 1999) cert denied 529 U.S (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