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Flygare, Thomas J. – Phi Delta Kappan, 1984
Reviews the status of Supreme Court deliberations in questions surrounding a New Jersey school's search of a student's purse. The state courts found the search unreasonable and reversed a lower court decision. (MD)
Descriptors: Court Litigation, Elementary Secondary Education, Search and Seizure
Sendor, Benjamin – American School Board Journal, 1985
A recent Florida court decision provides an example of a textbook case of an unconstitutionl student search. The key distinction from the "New Jersey vs. TLO" case (a student search found to be constitutional) is that the teacher who searched the students had no reasonable cause. (MD)
Descriptors: Constitutional Law, Court Litigation, Search and Seizure, Secondary Education
Peer reviewed Peer reviewed
Allred, Stephen – School Law Bulletin, 1987
Examines Fourth Amendment legal issues involved in drug testing of public employees. Discusses several recent court cases involving probable cause and reasonable suspicion to determine appropriate standards for individual situations. Outlines implications for public employers. Blanket drug testing is not permissable, though job applicants have…
Descriptors: Court Litigation, Drug Use, Due Process, Government Employees
Sendor, Benjamin – American School Board Journal, 1987
Discusses two recent court cases highlighting the legal pitfalls facing mandatory drug testing programs for teachers and students. In both cases, the courts contended that blanket testing policies violated Fourth Amendment protection from unreasonable search and seizure. Testing of individual teachers and students (under reasonable suspicion) may…
Descriptors: Courts, Drug Abuse, Drug Use, Elementary Secondary Education
Sendor, Benjamin – American School Board Journal, 1996
When school employees investigate alleged misconduct by students, they must follow school rules and federal and state laws. A school-locker search in a recent case from Indiana--"S.A. versus State"--illustrates the importance of employees and students knowing the rules governing investigations, and of specific employees being given the…
Descriptors: Court Litigation, Elementary Secondary Education, Public Schools, School Law
Peer reviewed Peer reviewed
Majestic, Ann – School Law Bulletin, 1987
Although the Supreme Court has answered the important questions concerning the constitutional requirements for searches of students by school officials in the public schools, many issues remain unresolved. School officials are advised to proceed with caution, particularly with regard to strip searches, mass searches, and dogs to sniff students…
Descriptors: Constitutional Law, Court Litigation, Elementary Secondary Education, Federal Courts
Splitt, David A. – Executive Educator, 1985
Outlines the confusion surrounding a Supreme Court decision in the "New Jersey vs. TLO" case, which put at issue the prohibition against unreasonable searches in schools. The Court's decision allows a lower standard of reasonableness to be applied in school searches. The standards are not clear and are open to serious question. (MD)
Descriptors: Compliance (Legal), Constitutional Law, Court Litigation, Drug Use
Johnson, Robert S. – West's Education Law Quarterly, 1993
Before electing to utilize metal-detection devices for random weapons searches of students, school districts should be prepared for the possibility of having to litigate the legality of their policies. Reviews the limited case law on the subject, and offers recommendations to districts that decide to proceed with the development of such a policy.…
Descriptors: Board of Education Policy, Elementary Secondary Education, Legal Responsibility, Policy Formation
Bozeman, William C.; And Others – Updating School Board Policies, 1987
Public concern about substance abuse, fueled by political and media attention, is causing school administrators to consider a variety of approaches beyond traditional drug education. No procedures, methods, or rules regarding drug testing should be established in the absence of clear school board policy, and no policy decisions should be made…
Descriptors: Board of Education Policy, Civil Liberties, Drug Abuse, Elementary Secondary Education
Landen, Walt – Updating School Board Policies, 1992
Many view the problem of violence as not merely a school problem, but as a much larger community problem that is finding its way into the schools. As a society, in addition to teaching our children how to be violent, we are giving them the tools of violence. There are steps that school board members can take to establish and maintain control of…
Descriptors: Board of Education Policy, Community Involvement, Dress Codes, Elementary Secondary Education
Peer reviewed Peer reviewed
Journal of Law and Education, 1985
Provides an edited version of the Supreme Court opinions in "TLO v New Jersey." Includes an article delineating the new rules on student searches that have resulted from the court decision. A third article discusses questionable areas the Court decision left unclear. (MD)
Descriptors: Court Litigation, Crime, Discipline, Drug Use
Sendor, Benjamin – American School Board Journal, 1985
Reviews four recent cases decided in state and federal courts. The cases focused on due process in student suspensions, the use of unlawfully obtained evidence in disciplinary hearings, unacceptable methods for handling personnel conflicts, and the application of voluntary affirmative action policies during periods of staff reduction. (PGD)
Descriptors: Affirmative Action, Court Litigation, Dismissal (Personnel), Due Process
Dowling-Sendor, Benjamin – American School Board Journal, 1999
The recent decision of the 8th U.S. Circuit Court of Appeals in "Miller," based on the school district's interest in preventing possible abuse, gave legal support for random, suspiciousless drug testing of students. Contends this is a "slippery slope" argument, that the key factor in deciding whether to adopt a policy of random drug testing should…
Descriptors: Board of Education Policy, Court Litigation, Drug Use Testing, Elementary Secondary Education