ERIC Number: ED427432
Record Type: Non-Journal
Publication Date: 1998-Nov
Reference Count: N/A
Student Search and Seizure: 1998 Update.
Krumm, Bernita L.; Thompson, David P.
This article examines the effects of the "Acton" decision, a Supreme Court ruling that upheld random urinalysis of secondary-school students who participate in extracurricular athletics. The paper focuses on cases involving general (mass) searches, "medical assessment" searches, strip searches, and drug testing. Although the intent of the Court is to create a balance between individual rights secured by the Constitution and the need of the government to provide a safe and secure environment, the effect is a steady stream of decisions eroding students' Fourth Amendment rights (the right to be secure against unreasonable searches and seizure). The paper describes the events leading up to the "Acton" case, which involved random drug testing for student athletes, and the reasoning behind the Court's decision. It then recounts specific cases that shaped legal guidelines for various types of searches. It concludes that students' Fourth Amendment rights have been increasingly placed in the hands of school officials, who have been delegated the responsibility to provide for the safety and well-being of students. Even so, informed decision-making remains paramount in conducting student searches and practical considerations for school personnel are presented. (Contains 21 references.) (RJM)
Publication Type: Legal/Legislative/Regulatory Materials; Speeches/Meeting Papers
Education Level: N/A
Authoring Institution: N/A
Identifiers - Laws, Policies, & Programs: Fourth Amendment