Federal law accords school officials broad authority to regulate
student conduct and supports reasonable and fair disciplinary action.
The Supreme Court recently reaffirmed that the constitutional rights
of students in school are not "automatically coextensive with the
rights of adults in other settings."[1] Rather, recognizing that "in
recent years ... drug use and violent crime in the schools have become
major social problems," the Court has emphasized the importance of
effective enforcement of school rules.[2] On the whole, a school "is
allowed to determine the methods of student discipline and need not
exercise its discretion with undue timidity."[3]
An effective campaign against drug use requires a basic understanding
of legal techniques for searching and seizing drugs and drug-related
material, for suspending and expelling students involved with drugs,
and for assisting law enforcement officials in the prosecution of drug
offenders. Such knowledge will both help schools identify and penalize
students who use or sell drugs at school and enable school officials
to uncover the evidence needed to support prosecutions under Federal
and State criminal laws that contain strong penalties for drug use and
sale. In many cases, school officials can be instrumental in
successful prosecutions.
In addition to the general Federal statutes that make it a crime to
possess or distribute a controlled substance, there are special
Federal laws designed to protect children and schools from drugs:
An important part of the Comprehensive Crime Control Act of 1984
makes it a _Federal crime to sell drugs in or near a public or
private elementary or secondary school._ Under this new
_"schoolhouse" law_, sales within 1,000 feet of school grounds are
punishable by up to _double_ the sentence that would apply if the
sale occurred elsewhere. Even more serious mandatory penalties are
available for repeat offenders.[4]
_Distribution or sale to minors_ of controlled substances is also
a _Federal crime_. When anyone over age 21 sells drugs to anyone
under 18, the seller runs the risk that he will receive up to
_double_ the sentence that would apply to a sale to an adult. Here
too, more serious penalties can be imposed on repeat offenders.[5]
By working with Federal and State prosecutors in their area, schools
can help to ensure that these laws and others are used to make
children and schools off-limits to drugs.
The following pages describe in general terms the Federal laws
applicable to the development of an effective school drug policy. This
handbook is not a compendium of all laws that may apply to a school
district, and it is not intended to provide legal advice on all issues
that may arise. School officials must recognize that many legal issues
in the school context are also governed, in whole or in part, by State
and local laws, which, given their diversity, cannot be covered here.
Advice should be sought from legal counsel in order to understand the
applicable laws and to ensure that the school's policies and actions
make full use of the available methods of enforcement.
Most private schools, particularly those that receive little or no
financial assistance from public sources and are not associated with a
public entity, enjoy a greater degree of legal flexibility with
respect to combating the sale and use of illegal drugs. Depending on
the terms of their contracts with enrolled students, such schools may
be largely free of the restrictions that normally apply to drug
searches or the suspension or expulsion of student drug users. Private
school officials should consult legal counsel to determine what
enforcement measures may be available to them.
School procedures should reflect the available legal means for
combating drug use. These procedures should be known to and understood
by school administrators and teachers as well as students, parents,
and law enforcement officials. Everyone should be aware that school
authorities have broad power within the law to take full, appropriate,
and effective action against drug offenders. Additional sources of
information on legal issues in school drug policy are listed at the
end of this handbook.