School drug testing is a relatively new policy in Illinois and throughout the U.S., so students and their parents often raise questions about whether the practice constitutes a civil rights violation. As a teacher, you are in a very different and difficult position. While you should seek advice and more specific information from an Illinois criminal defense attorney, it can be helpful to understand some of the basics behind drug testing in the educational environment.
Overview of Fourth Amendment Protections
In general, the U.S. Constitution is written as a limitation on government power and the Bill of Rights – including the Fourth Amendment – is an extension of that approach. To paraphrase the language, people have a right to be secure against unlawful searches and seizures by public officials, unless there is probable cause or a warrant to conduct an investigation. Fourth Amendment protections apply to an individual’s body, home, papers, and related personal effects. So what does that mean if you are teacher facing the need to search a student or administer a drug test in the school setting?
U.S. Supreme Court Findings
A series of US Supreme Court (SCOTUS) cases on school searches is relevant for school drug testing because this type of physical examination is, in essence, a search of the individual being tested. Ultimately, students were claiming that their Fourth Amendment rights were being compromised when searched by school staff, and the court found that this was a legitimate concern. The courts deem teachers to public officials, not unlike the police, and as such, teachers are not allowed to engage in unlawful searches of students.
Despite holding teachers to the same standards as other public officials, SCOTUS still held that searches of students are not, as a rule, a violation of their Fourth Amendment rights. The Justices determined that a student’s reasonable expectation of privacy is lower in the school setting as compared to at home or elsewhere.
SCOTUS has held true to these findings in subsequent cases involving school searches and drug testing of students.
Speak to a Criminal Defense Attorney About School Drug Testing
If you are a teacher seeking more information on drug testing at school, please contact Glasgow & Olsson at 847.577.8700 or fill out an online contact form to set up a consultation. Our lawyers can review your situation and explain how the U.S. and Illinois Constitutions work in such situations.