California Court Enjoins Drug Testing Program

A state judge in California has enjoined Shasta Unified School District from conduct drug testing on all students participating in extracurricular activities. Usually, school districts only test student athletes, however, Shasta has taken the program a step further.

Although the United States Supreme Court has already held such programs as valid under the United States Constitution, the California judge believes the program could violate the California Constitution. State constitutions can afford citizens of the state greater protection of individual rights than the federal constitution.

A number of other such suits have been filed in other states. Two have upheld the programs, while the other two have held that drug testing all extracurricular participants violate privacy rights protected under state constitutions.

The lawsuit was filed on behalf of three Shasta students by the American Civil Liberties Union.

Disclaimer: The foregoing is general legal information only and not intended to serve as legal advice or a substitute for legal advice. If you have been injured or damaged at school go to www.ContingencyCase.com to see if there is a lawyer or attorney in your local area who is willing to take your case on a contingency fee basis. ContingencyCase.com is an online legal directory that allows Attorneys to advertise their availability to take all kinds of cases on a contingency fee basis (for example personal injury, eminent domain, contract cases, partnership disputes, etc.). Please note there are no guarantees that any attorney or lawyer will take your case. Copyright 2009 ContingencyCase.com – All Rights Reserved.

Settlement Reached With Teacher Convicted of Sexual Abuse Against Student

The Chicago Tribune is reporting that a former Illinois high school teacher has reached a settlement with the student she was convicted of sexually abusing.

The 28 year old teacher, taught at University High School in Normal, IL. The lawsuit alleged that the teacher was having a sexual relationship with the then 17 year old student and sought damages for negligent battery and emotional distress.

The terms of the settlement have not been disclosed.

Disclaimer: The foregoing is general legal information only and not intended to serve as legal advice or a substitute for legal advice. If you have been injured or damaged while at school go to www.ContingencyCase.com to see if there is a lawyer or attorney in your local area who is willing to take your case on a contingency fee basis. ContingencyCase.com is an online legal directory that allows Attorneys to advertise their availability to take all kinds of cases on a contingency fee basis (for example personal injury, eminent domain, contract cases, partnership disputes, etc.). Please note there are no guarantees that any attorney or lawyer will take your case. Copyright 2009 ContingencyCase.com – All Rights Reserved.

Can A School Strip Search Your Child To Find Drugs?

The United States Supreme Court granted a petition for a writ of certiorari in Redding v. Safford Unified School District. The case centers on a middle school student suspected of possessing ibuprofen. The suspicion arose when another student, found with drugs, pointed her finger at the plaintiff as the source of the drugs. The educators at the school sent the student to the nurse’s office where a strip search was performed.

Courts are generally very deferential to educators’ decisions, particularly in situations involving drugs. The United States Supreme Court, in New Jersey v. T.L.O. upheld the search of a female student’s purse in an attempt to find cigarettes. The Supreme Court focused on the school’s need to ensure discipline and a prosperous learning environment in upholding the search.

The United States Supreme Court likely granted the petition for certiorari to clarify a split of authority between various circuits. In this case, the Ninth Circuit Court of Appeals held that a strip search of a student accused of possessing an over the counter drug exceeded the bounds of the Fourth Amendment.

On the other hand, the Seventh Circuit has found strip searches to be permissible in some circumstances. Although the Seventh Circuit recognized that some situations may require the school to demonstrate probable cause, there are some situations where strip searches are permissible on the basis of reasonable suspicion.

If you are concerned that your child’s civil rights have been violated by school officials, you should contact an attorney.

Disclaimer: The foregoing is general legal information only and not intended to serve as legal advice or a substitute for legal advice. If you have been injured or damaged due to a civil rights violation go to www.ContingencyCase.com to see if there is a lawyer or attorney in your local area who is willing to take your case on a contingency fee basis. ContingencyCase.com is an online legal directory that allows Attorneys to advertise their availability to take all kinds of cases on a contingency fee basis (for example personal injury, eminent domain, contract cases, partnership disputes, etc.). Please note there are no guarantees that any attorney or lawyer will take your case. Copyright 2009 ContingencyCase.com – All Rights Reserved.

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This site will feature legal news about School Law and School Law cases and issues in the news including student expulsion and suspension, student search and seizure issues, free speech rights, and more. We will interview School Law lawyer and School Law attorney to obtain perspectives on the latest news and issues in School Law and where applicable, education law.

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