Public employee status in relation to office privacy has not been clarified by the recent Supreme Court decision in "O'Conner v. Ortega." The 1986 Handicapped Children's Protection Act's provision allowing courts to award attorney fees to parents who win cases on administrative rights is ambiguous. The implications for schools are…

Reviews court cases related to search of students and extracts guiding principles administrators can use to reconcile the students' legitimate privacy interests with the educational necessities of the school. (JM)

Presents divergent opinions of Justice Sandra Day O'Connor (for the plurality), Justice Antonin Scalia, and Justice Harry Blackmun in the Supreme Court decision to return the case of "O'Connor v. Ortega" (questioning the constitutionality of searching a public employee's office) to the district court. O'Connor rejected the notion that…

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…

Discusses how to determine whether a school-related search is reasonable. Suggests 10 guidelines to avoid suits over illegal searches. Recommends that school authorities exercise extreme care to protect themselves against suits alleging Constitutional violations. (MS)

Discusses case law regarding schools and strip searches of students, and offers five generalizations regarding the matter. (SR)

The United States Supreme Court's first decision on student search and seizure required that school officials have reasonable cause in conducting a search in order to enforce school rules or counter a threat to the school environment. Not analyzed was when a search will be considered intrusive. (MLF)

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:…

Legal guidelines to help public school administrators make informed choices in situations that may require student searches are provided in this paper. The constitutional basis of the issue is first discussed, noting that school officials are not required to obtain a search warrant or to have probable cause. A review of Supreme Court decisions…

Reviews a recent case involving searches of student lockers from the Washington State Court of Appeals. According to this decision the Supreme Court's two criteria of reasonableness in student searches ("New Jersey v. T.L.O.") also apply to student lockers and may apply to searches of student desks, cars, and clothing. (MD)

In the "New Jersey vs. T.L.O." decision the Supreme Court clarified the law concerning student searches. Reviews two recent California cases illustrating how courts are interpreting the Supreme Court decision in a way that upholds reasonable student searches. (MD)

An overview of court rulings and legislation defining student rights. (Editor/SJL)

Although the Supreme Court has answered the important questions concerning the constitutional requirements for searches of students by school officials in the public schools, many issues remain unresolved. School officials are advised to proceed with caution, particularly with regard to strip searches, mass searches, and dogs to sniff students…

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…

In 1985 the United States Supreme Court concluded that the Fourth Amendment's prohibition against unreasonable searches and seizures does apply to public school officials. Offers some hypothetical examples for public school officials to consider regarding mandatory urine testing and the reasonable suspicion standard. (MLF)