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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
Zirkel, Perry A. – Principal, 2000
In a federal case involving a vice-principal's pat-down search of middle-school students in a cafeteria (for a missing pizza knife), the court upheld the search, saying it was relatively unintrusive and met "TLO's" reasonable-suspicion standards. Principals need reasonable justification for searching a group. (Contains 18 references.)…
Descriptors: Administrator Responsibility, Court Litigation, Middle Schools, Principals
Zirkel, Perry A. – Phi Delta Kappan, 1998
In a California case involving a 16-year-old girl's possession of three knives on school grounds, both a trial and Ninth Circuit court affirmed the school vice-principal's right to search and discover these weapons while enforcing a no-smoking policy. The court lectured parents and lawyers for wasting the court's time--especially after a juvenile…
Descriptors: Civil Liberties, Court Litigation, High Schools, Misconceptions
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Zirkel, Perry A.; Gluckman, Ivan B. – NASSP Bulletin, 1981
Answers questions regarding the use of "sniffer" dogs to contend with the problem of student drug abuse. Cites cases that bear on search and seizure operations in schools. (WD)
Descriptors: Compliance (Legal), Court Litigation, Drug Abuse, Legal Responsibility
Zirkel, Perry A. – Phi Delta Kappan, 1980
Presents a 10-question quiz based on court decisions reported from 1977 through 1979. Three areas are covered--student discipline, student searches, and student expression. Answers and explanations are given for each question. (IRT)
Descriptors: Court Litigation, Discipline, Freedom of Speech, Search and Seizure
Zirkel, Perry A. – Phi Delta Kappan, 2004
After being accused of sexually harassing a student, a high school math teacher in New York was suspended with pay pending an impartial hearing. The district allowed the teacher to return to his classroom to collect his personal effects, which he had kept in boxes, desk drawers, and three filing cabinets, one of which was locked. He did not…
Descriptors: Court Litigation, Constitutional Law, High School Teachers, Search and Seizure
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Zirkel, Perry A.; Reichner, Henry F. – Journal of Law and Education, 1986
Reviews history of the doctrine of "in loco parentis." Examines court opinions in which the doctrine has surfaced as an issue in the following areas of litigation: corporal punishment, student searches, school rules, correlative duties, and teacher-student relationship at the college level. Finds that the status and scope of the doctrine…
Descriptors: Corporal Punishment, Court Litigation, Due Process, Educational History
Zirkel, Perry A. – Phi Delta Kappan, 1999
By upholding a student's refusal to provide a urine sample, the Seventh Circuit Court correctly avoided further erosion of the Fourth Amendment's privacy principle. In "New Jersey v T.L.O." (1995), the U.S. Supreme Court shrunk the probable-cause standard to reasonable suspicion in the special context of public schools, retaining the…
Descriptors: Court Litigation, Drug Use Testing, High Schools, Privacy
Zirkel, Perry A. – Phi Delta Kappan, 2005
This analysis of a November 2001 case in Botetourt County, Virginia, looks at whether the Fourth Amendment right against an unreasonable "seizure" or the 14th Amendment "liberty" for parents to control the care and custody of their children requires a ban on, or at least immediate notification regarding, detentions of a…
Descriptors: Court Litigation, Constitutional Law, Student Rights, Parent Rights
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Zirkel, Perry A. – Journal of Law and Education, 1995
Comments on an article in the Summer 1992 issue of this journal (EJ 454 315) in which Professor J. M. Sanchez examined 18 decisions regarding student searches and concluded that the "T.L.O." decision made it possible to practically expunge the Fourth Amendment from American public schools. Introduces article by Lawrence Rossow (EA 530…
Descriptors: Court Litigation, Elementary Secondary Education, Federal Courts, Privacy
Zirkel, Perry A. – Phi Delta Kappan, 2002
Discusses federal district court decision dismissing suit brought by three Texas high school students claiming that their Fourth and Fourteenth Amendment rights were violated when police, at request of administrators, entered school and rounded up, handcuffed, and detained them and 11 other students who "hung out" with a student arrested…
Descriptors: Constitutional Law, Court Litigation, Federal Courts, High Schools
Zirkel, Perry A.; Reichner, Henry F. – Phi Delta Kappan, 1987
The concept "in loco parentis" is discussed in relation to its historical place in education and its current status. The doctrine has expanded from its original idea of "restraint and correction" to figure significantly in court cases involving corporal punishment, student searches, school rules, correlative duties, and…
Descriptors: Corporal Punishment, Court Litigation, Discipline Policy, Educational History
Zirkel, Perry A. – Phi Delta Kappan, 2001
In a case involving a swim-team student's mandatory pregnancy test and a varsity coach's mishandling of confidentiality, the Third Circuit Court of Appeals awarded the coach qualified immunity, while rejecting the student's Fourth and First Amendment claims. Discretion and legal counsel would have helped. (MLH)
Descriptors: Athletics, Confidentiality, Constitutional Law, Court Litigation
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Zirkel, Perry A. – Educational Leadership, 2002
Summarizes the U.S. Supreme Court decisions that have had the greatest impact on public elementary and secondary education within the last 50 years, beginning with "Brown v. Board of Education" in 1954. Includes decisions involving equality of education, freedom of expression, student discipline and safety, and religion in schools.…
Descriptors: Censorship, Constitutional Law, Corporal Punishment, Court Litigation