U.S. Supreme Court Decisions
Drug Testing in School - Board of Education of Independent SD No. 92 of Pottawatomie Cty V. Earls, June 27, 2002
FERPA - Gonzaga University vs. Doe, June 20, 2002
Vernonia School District 47J v. Acton (1995) The Supreme Court held that a school policy requiring all students engaged in interscholastic athletic programs to submit to random urinalysis testing for drug use is constitutional in regard to students' Fourth Amendment privacy rights.
Davis v. Monroe County Board of Education (1999): On May 24, 1999, the U.S. Supreme Court ruled that schools can be held liable when school officials fail to stop students from sexually harassing each other when they are aware and act with deliberate indifference.
New Jersey V. T.L.O. (1985): The U.S. Supreme Court ruled that officials do not need a warrant to conduct a student search. All that is necessary is that the search be reasonable. If the search is justified at its inception, according to reason and common sense, it may continue, provided that it is reasonable in scope, and not excessively intrusive in regard to the student's age and sex, and the nature of the infraction. However, the Court majority also noted that students do have Fourth Amendment privacy rights within the school. The U.S. Supreme Court ruled that officials do not need a warrant to conduct a student search. All that is necessary is that the search be reasonable. If the search is justified at its inception, according to reason and common sense, it may continue, provided that it is reasonable in scope, and not excessively intrusive in regard to the student's age and sex, and the nature of the infraction. However, the Court majority also noted that students do have Fourth Amendment privacy rights within the school.
Bethel v. Fraser (1986): The Supreme Court held that schools may regulate student speech and may punish students for speech considered to be offensive or disruptive. In the words of the opinion: "The schools, as instruments of the state, may determine that the essential lessons of civil, mature conduct cannot be conveyed in a school that tolerates lewd, indecent, or offensive speech." This decision was distinguished from Tinker v. DesMoines (1969), which held that students have rights of expression within a public school.
Goss v. Lopez (1975):The U.S. Supreme Court established that students are entitled to due process prior to suspension or expulsion. Due process proceedings should occur before suspension or expulsion, except when a student is an immediate danger to himself or others. At the very least, students must be told of the charges against them and given an opportunity to respond to the charges. The amount of due process afforded to a student should be commensurate with the potential penalty to be imposed.
