Legal Question in Education Law in Massachusetts

drugs

a teacher says that someone has drugs in their locker when the person doesn't. Is the teacher breaking any laws? If so, what will happen?


Asked on 6/03/05, 4:27 pm

1 Answer from Attorneys
Tom Flynn Law Offices of Thomas V. Flynn

Re: drugs

The answer is depends. Why did the teacher say it? If the teacher had a reason to believe drugs were present, the teacher has an affirmative duty report it. Further, assuming we are talking about a public school locker, the ability to search the locker is fairly well settled and would not raise 4th A issues.

In short, the teacher is most likely within his or her right.

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Answered on 6/04/05, 9:29 am


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