Knox v. Knox: Decision and drug testing for public school employees: Why educators do not shed their rights at the schoolhouse gate, The

Journal of Law and Education, Oct 2000 by Orr, Ginger

IV. Conclusion

The Knox decision will have a profound effect on drug testing policies established by boards of education around the country as well as how federal courts interpret the Fourth Amendment. Over the next few years, many public school systems will form similar policies of their own to protect students and preserve the learning environment. Educators, especially those in safety sensitive positions, no longer have immunity under the right to privacy umbrella as idealized by the Fourth Amendment. It is imperative that teachers and school administrators have sharpened abilities in order to detect and deter conduct by students that could cause harm to their classmates and interfere with the overall educational atmosphere. Mandatory drug testing for educators in safety sensitive positions will achieve this objective without infringing on the constitutional rights of school employees.

* The Chalk Talk section in comprised of short articles by the staff of the Journal, pinpointing issues of current interest in education law. The topics selected are subjects that we feel should be addressed, but presently not deserving of lengthy treatment. The scope of this Chalk Talk is limited to issues of fair use and does not discuss ownership of the copyright.

1. Knox v. Knox, 158 FM 361 (6th Cir. 1999).

2. Id.

3. Id. at 365.

4. Id.

5. Id.

6. Id. at 365-366.

7. Id.

8. Id.

9. Id.

10. Id. at 381.

11. Id. at 367.

12. Id.

13. Id. at 369.

14. Id.

15. Id at 370.

16. US. CONST. AMEND. IV.

17. Skinner v. Railway Labor Executives' Ass'n., 489 U.S. 602, 619 (1989).

18. New Jersey v. T.L.O., 469 U.S. 325, 327-342 (1985).

19. National Treasury Employees Union v. Von Raab, 489 U.S. 656, 665-66 (1989).

20. Id.

21. Knox, 158 F.3d at 373. The four primary cases in which the Supreme Court used this test were Skinner v. Railway Labor Executives' Ass'n., 489 U.S. 602 (1989); National Treasury Employees Union v.

Von Raab, 489 U.S. 656 (1989); Veronia Sch. Dis. 47J v. Acton, 515 U.S. 646 (1995); Chandler v. Miller, 520 U.S. 305 (1997).

22. TENN. CODE ANN. 49-6-4203(b) explicitly confers in loco parentis status on educators: "The general assembly recognizes the position of the schools in loco parentis and the responsibility this places on principals and teachers within each school to secure order and to protect students from harm while in their custody."

23. Skinner, 489 U.S. at 628.

24. Id.

25. Knox, 158 F.3d at 374.

26. Id. at 380.

27. Id. at 386.

28. Id. at 378-384.

29. Id.

30. Id.

GINGER ORR