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School Locker Searches and the Fourth Amendment.
Bjorklun, Eugene C. – West's Education Law Quarterly, 1995
Because school lockers are potential hiding places for weapons and drugs, some schools are eliminating them. Searching student lockers on a random basis raises legal questions. Examines the legality of random locker searches based upon the guidelines for student searches set forth by the Supreme Court in "New Jersey v. T.L.O." and lower…
Descriptors: Court Litigation, Federal Courts, Police School Relationship, School Law
The Fourth Amendment and Searches in the Public Schools.
Peer reviewed Peer reviewed
Shepard, Jon – School Law Bulletin, 1993
In "New Jersey v. T.L.O.," the Supreme Court determined that public school searches must meet a two-pronged reasonableness standard. Search must be "justified at its inception" and be "reasonably related in scope to the circumstances." Examines factors that courts have found important in applying the T.L.O. standard.…
Descriptors: Court Litigation, Elementary Secondary Education, Federal Courts, Public Schools
Before You Search that Locker.
Dowling-Sendor, Benjamin – American School Board Journal, 1998
In DesRoches v Caprio, federal district court ruled in favor of Jim DesRoches who had decided not to consent to a search of his backpack for a pair of allegedly stolen sneakers. Judge Robert G. Doumar decided the need to find the stolen sneakers did not outweigh the students' privacy interest and offered guidelines about school searches for stolen…
Descriptors: Discipline, Due Process, Federal Courts, High Schools
The Fourth Amendment in the Public Schools: Issues for the 1990's and Beyond. Presentation Outline.
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
Searching for a Proper Balance. Counterpoint.
Peer reviewed Peer reviewed
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
"Refining the 'Expelled' Fourth Amendment and T.L.O." for "Realistic" Schools.
Peer reviewed Peer reviewed
Rossow, Lawrence F. – Journal of Law and Education, 1995
In contrast with J. M. Sanchez's article in the Summer 1992 issue of this journal, suggests that the "T.L.O." decision marks the full-fledged beginning, not the virtual end, of Fourth Amendment privacy rights of students. (MLF)
Descriptors: Court Litigation, Elementary Secondary Education, Federal Courts, Privacy
Student Search and Seizure: 1998 Update.
Krumm, Bernita L.; Thompson, David P. – 1998
This article examines the effects of the "Acton" decision, a Supreme Court ruling that upheld random urinalysis of secondary-school students who participate in extracurricular athletics. The paper focuses on cases involving general (mass) searches, "medical assessment" searches, strip searches, and drug testing. Although the…
Descriptors: Civil Rights, Court Litigation, Elementary Secondary Education, Federal Courts
Texas School Law: A Practical Guide.
Frels, Kelly, Ed.; Horner, Jeff, Ed.; Camp, Bill, Ed.; Robinson, Vianei Lopez, Ed. – 1996
Intended as a practical legal guide for Texas educators and lawyers, this book contains three major sections dealing with several chapters on various school law topics, each prepared by Texas attorneys. Section 1, "School Boards and Superintendents," includes chapters on school board members authority and relationship with staff, the…
Descriptors: Boards of Education, Constitutional Law, Copyrights, Court Litigation
Checklists for Searches and Seizures in Public Schools. 1992 Edition.
Van Dyke, Jon M.; Sakurai, Melvin M. – 1992
The Fourth Amendment protects an individual's justified expectations of privacy against unreasonable government intrusions; however, reasonable intrusions are allowed when legitimate governmental interests are served. This volume is intended to provide guidelines for school administrators on how to conduct searches and seizures in a manner…
Descriptors: Administrator Guides, Administrator Responsibility, Check Lists, Constitutional Law
Primer on Legal Affairs for the School Business Official.
Russo, Charles J., Ed.; Polansky, Harvey, Ed.; Wood, R. Craig, Ed. – 2001
This book provides school business administrators with an introduction to a variety of legal issues relevant to their professional roles. The book is divided into three major sections: management issues, employment issues, and constitutional issues. The topics covered in the seven-chapter section on management issues include board and district…
Descriptors: Board of Education Policy, Charter Schools, Constitutional Law, Contracts