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Russo, Charles J. – Education and the Law, 2008
In light of the dramatic increase in the presence of weapons, violence, drugs, and other contraband in schools, school officials in the United States and England face significant challenges as they seek to maintain safe and orderly learning environments. Almost twenty five years after the United States Supreme Court's 1985 ruling in "New…
Descriptors: Constitutional Law, Public Schools, Search and Seizure, Student Rights
Splitt, David A. – Executive Educator, 1996
A recent state appellate court decision, "Commonwealth of Pennsylvania versus Cass," suggests that careless or misguided handling of drug searches (especially random drug-sniffing searches) will not hold up in court. Unless advance warnings are provided, administrators should conduct only narrowly focused searches that satisfy…
Descriptors: Administrator Responsibility, Court Litigation, Drug Abuse, School Law
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
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
Stefkovich, Jacqueline A.; O'Brien, G. Michaele – School Business Affairs, 1996
Unlike most school-security strategies, search and seizure procedures can be largely determined by studying landmark court cases. The U.S. Supreme Court set standards for conducting school searches in "New Jersey v. T.L.O." (1985) and for drug testing student athletes in "Vernonia School District v. Acton" (1995). School…
Descriptors: Costs, Court Litigation, Elementary Secondary Education, Privacy
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Ehrensal, Patricia A. – Journal for a Just and Caring Education, 1996
In examining student searches from a critical theory perspective, one considers who is being searched, who does the searching and by what authority, and how searching reinforces existing power structures. This article addresses these questions and related concepts (discipline, criminal/deviant behavior, punishment, and rehabilitation) by applying…
Descriptors: Compulsory Education, Court Litigation, Critical Theory, Legal Problems
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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
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Stefkovich, Jacqueline A. – Journal for a Just and Caring Education, 1996
In recent years, public school students have been searched with metal detectors and occasionally sniffed by dogs or strip searched. Their lockers and bookbags have been searched, and their urine has been tested for drugs--all in the name of school safety. This article explores the legal ramifications of such searches and calls for a critical…
Descriptors: Court Litigation, Drug Use Testing, Elementary Secondary Education, Legal Problems
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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Stefkovich, Jacqueline A.; Guba, Gloria J. – International Journal of Educational Reform, 1998
Discusses administrator responsibility and student rights under the Fourth Amendment. Reviews search and seizure case law in school settings, highlighting "New Jersey v. TLO,""Vernonia v. Acton," and other landmark decisions. Some experts advocate a moral or cultural ethos fostering a sense of family and community, character…
Descriptors: Administrator Responsibility, Court Litigation, Discipline, Elementary Secondary Education