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Fossey, Richard – Journal of College and University Student Housing, 2018
College students who reside in campus dormitories at public universities have a reasonable expectation of privacy in their dorm rooms that is protected by the fourth amendment; and officials cannot search these rooms for law enforcement purposes without a valid warrant. Non-students, however, have no such reasonable expectation of privacy in…
Descriptors: College Students, Public Colleges, Privacy, Dormitories
Matthew, Kathryn I.; Kajs, Lawrence; Matthew, Millard E. – Clearing House: A Journal of Educational Strategies, Issues and Ideas, 2017
Disruptive students potentially pose significant problems for campus administrators as they strive to maintain a safe campus environment conducive to learning while not violating the legal rights of the students. Maintaining a safe campus is important because increasing numbers of students with mental and cognitive disorders are enrolling in…
Descriptors: Student Rights, School Safety, Court Litigation, Freedom of Speech
Torres, Mario S.; Brady, Kevin P.; Stefkovich, Jacqueline A. – Journal of School Leadership, 2011
The legal freedom from unreasonable searches and seizures is guaranteed to all adult citizens under the Fourth Amendment of the U.S. Constitution. These same legal protections from unreasonable searches and seizures are not guaranteed to today's k-12 student population. School officials are not subject to the same warrant and probable cause…
Descriptors: Discipline, School Safety, School Districts, Law Enforcement
Robelen, Erik W. – Education Week, 2009
As it weighs the high-profile case of a 13-year-old girl strip-searched at school, the U.S. Supreme Court is grappling with where to draw the line between protecting student privacy rights and allowing school officials to take steps to ensure a safe environment. During oral arguments, several of the justices seemed sympathetic to the challenges…
Descriptors: School Nurses, Drug Use, Search and Seizure, Privacy
Essex, Nathan – Clearing House: A Journal of Educational Strategies, Issues and Ideas, 2010
Strip searches should be considered searches of last resort based on the intrusive nature of the search and the resulting impact it may have on a student. It is well established by the courts that as the intrusiveness of the search intensifies, the standard of the Fourth Amendment reasonably approaches probable cause which is a higher standard…
Descriptors: Public Schools, Search and Seizure, Human Body, Student Rights
Russo, Charles J. – School Business Affairs, 2009
Maintaining a safe, orderly learning environment is a significant challenge for education leaders, especially when students insist on bringing alcohol, weapons, and drugs into schools. To compound that challenge, educators who wish to uncover contraband must do so within the confines of the Fourth Amendment's prohibition against unreasonable…
Descriptors: Educational Environment, School Safety, Student Rights, Privacy
Bracy, Nicole L. – ProQuest LLC, 2009
Public schools have transformed significantly over the past several decades in response to broad concerns about rising school violence. Today's public schools are high security environments employing tactics commonly found in jails and prisons such as police officers, security cameras, identification systems, and secure building strategies.…
Descriptors: Public Schools, Violence, School Security, Educational Environment
Staros, Kari; Williams, Charles F. – Social Education, 2007
The Fourth Amendment to the U.S. Constitution protects the people of the United States from unreasonable searches and seizures. On first reading, these protections seem clearly defined. The amendment was meant to protect Americans from the kinds of random searches and seizures that the colonists experienced under British colonial rule. Under…
Descriptors: Search and Seizure, Court Litigation, Constitutional Law, Privacy
Torres, Mario S., Jr.; Chen, Yihsuan – NASSP Bulletin, 2006
This study examined Columbine's impact on case outcomes related to student searches and its implications for civil liberties and school leader discretion. Using data from 236 court cases since the U.S. Supreme Court ruling of New Jersey v. T.L.O. in 1985, critical search dimensions and outcomes (e.g., level of suspicion) were examined using…
Descriptors: Decision Making, Civil Rights, Court Litigation, State Courts

Zirkel, Perry A. – Journal of Law and Education, 2000
In the April 1999 issue of this journal, Michael Ferraraccio argues that the justifications advanced for using metal detectors in schools are not sufficiently compelling to outweigh students' Fourth Amendment privacy rights. In the accompanying Counterpoint, Robert Johnson cites lower court cases to support the constitutionality of their used on a…
Descriptors: Court Litigation, Elementary Secondary Education, Privacy, Public Schools

Ferraraccio, Michael – Journal of Law and Education, 1999
Asks whether proponents' justifications for using metal detectors to counteract school violence are compelling enough to override students' privacy interests. Concludes that there are serious constitutional concerns raised by using metal detectors. The rationale for upholding school searches in other contexts does not apply to metal-detector…
Descriptors: Court Litigation, Elementary Secondary Education, Privacy, Public Schools
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

Russo, Charles J.; Stefkovich, Jacqueline A. – NASSP Bulletin, 1998
Educators concerned about school safety have resorted to searching students, their lockers, and their possessions. These searches have led to litigation over whether the Fourth Amendment's prohibition of unreasonable searches and seizures applies to public schools. Although courts have upheld reasonable searches, administrators should carefully…
Descriptors: Court Litigation, Elementary Secondary Education, Principals, Program Implementation
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
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
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