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Torres, Mario S., Jr. – Journal of School Leadership, 2012
This study examined federal and state court decisions related to student Fourth Amendment rights following the "New Jersey v. T.L.O." ruling in 1985. There has been minimal research in judicial treatment of students' Fourth Amendment rights across regions of the country and less to what extent regional rulings implicitly or explicitly…
Descriptors: Cues, Court Litigation, State Courts, Federal Courts

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

Buss, William G. – Iowa Law Review, 1974
Discusses the fourth amendment (providing protection against "unreasonable" searches and seizures) and its application in educational administration. (PG)
Descriptors: Administrative Problems, Due Process, Education, Educational Administration
Majestic, Ann L.; And Others – Executive Educator, 1995
Regarding school searches, courts have provided guidelines balancing individual students' rights against the larger school community's rights. Administrators are bound by the Fourth Amendment, which stresses reasonable grounds of suspicion and related circumstances. Strip searches, metal detectors, hidden cameras, and locker searches may meet…
Descriptors: Administrator Responsibility, Court Litigation, Legal Problems, Privacy

Shanks, Michael D. – University of Cincinnati Law Review, 1975
One of the most controversial federal acts providing for random administrative searches is the Occupational Safety and Health Act of 1970 (OSHA). The author reviews the search and seizure law and concludes that abandonment of Fourth Amendment rights should not be predicated on the mere convenience of even a justifiable regulatory scheme. (JT)
Descriptors: Constitutional Law, Federal Legislation, Health Conditions, Legal Problems
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

Glickman, Suzin – Update on Law-Related Education, 1992
Presents an essay examining homeless shelter residents' freedom from unreasonable searches. Reviews the historical background of the Fourth Amendment's ban on unreasonable search and seizure. Explores factors considered when determining what is "reasonable." Analyzes the concepts of standing, what constitutes a home, and consent.…
Descriptors: Civil Liberties, Constitutional Law, Court Litigation, Due Process
McCarthy, Martha M. – Principal Leadership, 2001
Concerns over students' and staff members' safety in public schools continue to mount-- manifested in zero-tolerance policies, stringent disciplinary practices, and efforts to implement drug-screening programs. Although "reasonable suspicion" for searches and drug testing is the watchword, courts cannot agree on definitions. Legalities…
Descriptors: Definitions, Drug Use Testing, High Schools, Legal Problems
Sendor, Benjamin – American School Board Journal, 1984
A current United States Supreme Court case will determine constitutional guidelines for school administrators in searching students for drugs and other school contraband. Thus far, the New Jersey Supreme Court has established a demanding standard for warrantless searches of students and their property, requiring respect for students'"valid…
Descriptors: Constitutional Law, Court Litigation, Discipline Policy, Elementary Secondary Education
Edmonson, Stacey L. – 2002
This report--part of a collection of 54 papers from the 48th annual conference of the Education Law Association held in November 2002-- discusses student drug testing in Texas public schools. It contains the results of a 2001 study of student drug-testing policies in all 1,056 Texas public-school districts. In response to the Supreme Court's June…
Descriptors: Civil Rights, Court Litigation, Discipline Policy, Drug Use Testing
Leming, Robert S.; And Others – 1992
These materials include the script for a mock trial in which students are asked to role play the participants in a case based on the facts of New Jersey v. T.L.O., 469 U.S. 325 (1985). The case raised questions involving a students' rights to protection against unreasonable searches and seizures under the Fourth Amendment and schools' needs to…
Descriptors: Civil Liberties, Constitutional History, Constitutional Law, Court Litigation

Brooks, James H. – Review of Higher Education, 1984
The legal status of college students in relationship to the institution they attend is discussed, focusing on the contractual relationship, due process, access to education, First Amendment rights, search and seizure, federal aid regulation, residency requirements for voting, and the doctrine of academic abstention in legal matters. (MSE)
Descriptors: Access to Education, College Students, Constitutional Law, Contracts