What Works: Schools Without Drugs Part 6

Fact Sheet

Legal Questions on Search and Seizure

In 1985, the Supreme Court for the first time a.n.a.lyzed the application in the public school setting of the Fourth Amendment prohibition of unreasonable searches and seizures. The Court sought to craft a rule that would balance the need of school authorities to maintain order and the privacy rights of students. The questions in this section summarize the decisions of the Supreme Court and of lower Federal courts. School officials should consult with legal counsel in formulating their policies.

What legal standard applies to school officials who search students and their possessions for drugs?

The Supreme Court has held that school officials may inst.i.tute a search if there are "reasonable grounds" to believe that the search will reveal evidence that the student has violated or is violating either the law or the rules of the school.

Do school officials need a search warrant to conduct a search for drugs?

No, not if they are carrying out the search independent of the police and other law enforcement officials. A more stringent legal standard may apply if law enforcement officials are involved in the search.

How extensive can a search be?

The scope of the permissible search will depend on whether the measures used during the search are reasonably related to the purpose of the search and are not excessively intrusive in light of the age and s.e.x of the student being searched. The more intrusive the search, the greater the justification that will be required by the courts.

Do school officials have to stop a search when they find the object of the search?

Not necessarily. If a search reveals items suggesting the presence of other evidence of crime or misconduct, the school official may continue the search. For example, if a teacher is justifiably searching a student's purse for cigarettes and finds rolling papers, it will be reasonable (subject to any local policy to the contrary) for the teacher to search the rest of the purse for evidence of drugs.

Can school officials search student lockers?

Reasonable grounds to believe that a particular student locker contains evidence of a violation of the law or school rules will generally justify a search of that locker. In addition, some courts have upheld written school policies that authorize school officials to inspect student lockers at any time.

Fact Sheet

Legal Questions on Suspension and Expulsion

The following questions and answers briefly describe several Federal requirements that apply to the use of suspension and expulsion as disciplinary tools in public schools. These may not reflect all laws, policies, and judicial precedents applicable to any given school district. School officials should consult with legal counsel to determine the application of these laws in their schools and to ensure that all legal requirements are met.

What Federal procedural requirements apply to suspension or expulsion?

The Supreme Court has held that students facing suspension or expulsion from school are ent.i.tled under the U.S. Const.i.tution to the basic due process protections of notice and an opportunity to be heard. The nature and formality of the "hearing" to be provided depend on the severity of the sanction being imposed.

A formal hearing is not required when a school seeks to suspend a student for 10 days or less. Due process in that situation requires only that:

--the school inform the student, either orally or in writing, of the charges and of the evidence to support those charges;

--the school give the student an opportunity to deny the charges and present his or her side of the story;

--as a general rule, the notice to the student and a rudimentary hearing should precede a suspension unless a student's presence poses a continuing danger to persons or property, or threatens to disrupt the academic process. In such cases, the notice and rudimentary hearing should follow as soon as possible after the student's removal.

More formal procedures may be required for suspensions longer than 10 days and for expulsions. In addition, Federal law and regulations establish special rules governing suspensions and expulsions of handicapped students.

States and local school districts may require additional procedures.

Can students be suspended or expelled from school for use, possession, or sale of drugs?

Generally, yes. A school may suspend or expel students in accordance with the terms of its discipline policy. A school policy may provide for penalties of varying severity, including suspension or expulsion, to respond to drug-related offenses. It is helpful to be explicit about the types of offenses that will be punished and about the penalties that may be imposed for particular types of offenses (e.g., use, possession, or sale of drugs). Generally, State and local law will determine the range of sanctions permitted.

(For a more detailed discussion of legal issues, see pages 49-58.)

Fact Sheet

Tips for Selecting Drug Prevention Materials

In evaluating drug prevention materials, keep the following points in mind:

Check the date of publication.

Material published before 1980 may be outdated and even recently published materials may be inaccurate.

Look for "warning flag" phrases and concepts.

These expressions, many of which appear frequently in "pro-drug"

material, falsely imply that there is a "safe" use of mind-altering drugs: experimental use, recreational use, social use, controlled use, responsible use, use/abuse.

"Mood-altering" is a deceptive euphemism for mind-altering.

The implication of the phrase "mood-altering" is that only temporary feelings are involved. The fact is that mood changes are biological changes in the brain.

"There are no 'good' or 'bad' drugs, just improper use":

This is a popular semantic camouflage in pro-drug literature. It confuses young people and minimizes the distinct chemical differences among substances.

"The child's own decision":

Parents cannot afford to leave such hazardous choices to their children. It is the parents' responsibility to do all in their power to provide the information and the protection to a.s.sure their children a drug-free childhood and adolescence.

Be alert for contradictory messages.

Often an author gives a pro-drug message and then covers his tracks by including "cautions" about how to use drugs.

Make certain the health consequences revealed in current research are adequately described.

Literature should make these facts clear: The high potency of marijuana on the market today makes it more dangerous than ever; THC, a psychoactive ingredient in marijuana, is fat soluble and its acc.u.mulation in the body has many adverse biological effects; cocaine can cause death and is one of the most addictive drugs known to man.

Demand material that sets positive standards of behavior for children.

The message conveyed must be an expectation that children can say no to drugs. The publication and its message must provide the information and must support caring family involvement to reinforce the child's courage to stay drug free.

Schools

Teaching About Drug Prevention