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Sendor, Benjamin – American School Board Journal, 1985
A Supreme Court ruling of January 1985 reversed a New Jersey Supreme Court decision of March 1984, which found a student search violated the Fourth Amendment. The reversal by the Supreme Court leaves unanswered some important questions about school searches. (MD)
Descriptors: Court Litigation, Search and Seizure, Secondary Education, Student Rights
Peer reviewed Peer reviewed
Zirkel, Perry A.; Gluckman, Ivan B. – NASSP Bulletin, 1985
The U.S. Supreme Court's recent decision in New Jersey vs. T.L.O. suggests the legality of student searches by school officials should not depend on strict adherence to the probable cause standard, but on its reasonableness of suspicion and scope. (DCS)
Descriptors: Civil Liberties, Court Litigation, Elementary Secondary Education, Privacy
O'Hara, Julie Underwood – Executive Educator, 1983
Reviews court cases related to search of students and extracts guiding principles administrators can use to reconcile the students' legitimate privacy interests with the educational necessities of the school. (JM)
Descriptors: Administrator Responsibility, Court Litigation, Elementary Secondary Education, School Policy
Dowling-Sendor, Benjamin – American School Board Journal, 2003
A decision by the 8th U.S. Circuit Court of Appeals in a case from Minnesota illustrates the difficulties schools face in deciding when and how to search a student for possible weapons or drugs. Case shows courts tend to give school officials a measure of flexibility when applying the law. Advises board members and administrators to consult with…
Descriptors: Court Litigation, Drug Use, Elementary Secondary Education, School Law
Franklin, David L. – American School and University, 1985
The United States Supreme Court's first decision on student search and seizure required that school officials have reasonable cause in conducting a search in order to enforce school rules or counter a threat to the school environment. Not analyzed was when a search will be considered intrusive. (MLF)
Descriptors: Court Litigation, Elementary Secondary Education, Federal Courts, Public Schools
Schreck, Myron – 1991
In 1985, the United States Supreme Court, in "New Jersey v. T.L.O.," held that the Fourth Amendment applies to searches and seizures conducted by public school administrators. This paper discusses the current state of Fourth Amendment law with regard to public school searches and seizures. Among the subtopics discussed are the following:…
Descriptors: Court Litigation, Drug Use Testing, Elementary Secondary Education, Federal Courts
Justice, William Wayne – Phi Delta Kappan, 1986
Like other institutions, schools are occupied by people whose duties and liberties are in conflict. Understanding the Bill of Rights can help resolve school problems as well as major social problems outside the court system. Students should value the first eight constitutional amendments as not tied to majority rule and should study them…
Descriptors: Citizenship Education, Citizenship Responsibility, Civil Liberties, Courts
Splitt, David A. – Executive Educator, 1985
Washington's State Supreme Court held unconstitutional a secondary school's routine search of the luggage of all students participating in a school-sponsored overnight trip. Such general searches are not permitted, and schools can find other means of ensuring good student discipline. (PGD)
Descriptors: Civil Liberties, Court Litigation, Field Trips, Privacy
Peer reviewed Peer reviewed
Cover, Marilyn – Update on Law-Related Education, 1985
How the law deals with the question of "Should students have rights in school?" is examined. One specific area of possible rights in schools--the question of searches of students by school officials--is discussed in depth. (RM)
Descriptors: Constitutional Law, Court Litigation, Elementary Secondary Education, Federal Courts
Peer reviewed Peer reviewed
Ornstein, Allan – Kappa Delta Pi Record, 1981
An overview of court rulings and legislation defining student rights. (Editor/SJL)
Descriptors: Court Litigation, Discipline Policy, Elementary Secondary Education, Freedom of Speech
Hickok, Angelia B. – Tennessee Education, 1980
Although problems of drug abuse, bomb threats, theft, and concealed weapons sometimes make search and seizure necessary, the student's rights must be protected through proper legal procedures. The article presents guidelines for conducting locker and personal searches and for educating students, teachers, and administrators on student rights. (DS)
Descriptors: Civil Liberties, Discipline Policy, Due Process, School Law
Faber, Charles F.; And Others – 1989
Intended for use in school law courses of a primarily informative nature with some attention given to attitudinal concerns, this book was designed for teachers and educational administrators. The contents are divided into 13 units that contain information regarding education and the American legal system, certification and employment, religion and…
Descriptors: Elementary Secondary Education, Equal Education, Legal Responsibility, School Administration
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
Dowling-Sendor, Benjamin – American School Board Journal, 1997
A case involving a strip-search of two second-grade girls in Talledega, Alabama, was dismissed with an eight-to-three vote by the 11th Circuit Court. The court issued an opinion on only one question in the case: whether the employees involved were entitled to "qualified immunity." Advises administrators to be cautious and permit strip…
Descriptors: Civil Rights, Constitutional Law, Court Litigation, Federal Courts
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