Drug and Alcohol Testing in Schools: Liability-Proofing Your Procedures

Event ID:16883

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Download (DL)     $349.00 includes recorded presentation, slides, and Q&A
Duration: 90 minutes including question and answer session.
Presenter(s): Erin D. Gilsbach, Esq., director of professional education and policy development, King Spry Herman Freund & Faul
Price: $349.00, DL includes full audio presentation, question and answer session, and presentation slides.
Who Should Attend? Administrators, attorneys representing schools, special education, student counselors, faculty, principals, nurses, student services
Best For: K-12

From random drug testing of athletes to mandatory breathalyzers on prom night, drug and alcohol testing of students has become commonplace in many of today’s schools. In this webinar we will use common practices and recent case law to highlight some of the most important issues regarding student drug and alcohol testing. This webinar provides a practical discussion of the laws reasonable suspicion testing of students and examines policy, procedural, and enforcement errors that schools make that increase exposure to legal liability.

Please join attorney Erin Gilsbach for an in-depth discussion of important policy and procedural considerations, pointing out problematic but all-too-common errors that schools make, identifying areas where simple policy and/or procedural considerations can make a dramatic difference in legal-defensibility, and discussing proactive steps that schools can take – in both the short and the long term – to become more legally-compliant and better protect student rights while maintaining their commitments to drug and alcohol-free schools.


Just a sampling of what this webinar will cover:

  • When can schools use random drug/alcohol testing, and when is it prohibited?
  • What procedures/safeguards are required for drug/alcohol testing?
  • What happens if a student refuses to submit to a drug or alcohol test?
  • What, if any, prior notification must schools provide regarding suspicionless and suspicion-based testing?
  • Are there different rules for extracurricular activities than during the school day?
  • Is student consent sufficient, or must parental consent be obtained prior to administering a drug or alcohol test? What if a parent consents, but the student does not?
  • Can schools lawfully regulate the off-campus, after-hours drug and/or alcohol use of students?


Your conference leader for “Drug and Alcohol Testing in Schools: Liability-Proofing Your Procedures” is Erin Gilsbach. An experienced speaker at the state and national levels on issues regarding education and education law, Erin Gilsbach is the director of professional and policy development, an attorney with the PA-based law firm of King Spry Herman Freund & Faul and a founding member of the Greyfriars Institute, a nonprofit affiliate entity dedicated to providing quality professional education in the area of school law to educators and school leaders. She provides legal representation and/or professional development to over 150 Pennsylvania schools. In her practice, Ms. Gilsbach emphasizes a proactive approach to legal defensibility for schools by helping them to create procedures, administrative regulations and board policies that are developed not only upon consideration of statutory and regulatory requirements but also the best practices and common pitfalls found within the facts of applicable caselaw.

Voted a "Rising Star Attorney" by her peers in Superlawyers and Philadelphia Magazine for the past three years, Ms. Gilsbach serves as president-elect of the PA School Boards Solicitors Association. She is a frequent presenter with the National Business Institute, the Education Law Association, the National School Boards Association, the Pennsylvania Bar Institute, and at numerous conferences held at universities throughout the state. She began her career as a public high school English teacher. Prior to joining King Spry and the Greyfriars Institute, she served for over two years at the Pennsylvania Department of Education's Office of Chief Counsel.

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