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Franco, Stephanie L. – Quill and Scroll, 1994
Sets out the legal standard to which school officials must adhere in conducting a search of students or their belongings. Offers some suggestions for school newspaper editors regarding their role in seeing that these guidelines are followed. (SR)
Descriptors: High Schools, Legal Problems, School Law, School Newspapers
Peer reviewed Peer reviewed
Essex, N. L. – Clearing House, 1988
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)
Descriptors: Constitutional Law, Court Litigation, Elementary Secondary Education, School Law
Peer reviewed Peer reviewed
Foldesy, George; King, Dan – Clearing House, 1995
Discusses case law regarding schools and strip searches of students, and offers five generalizations regarding the matter. (SR)
Descriptors: Court Litigation, Elementary Secondary Education, Legal Problems, School Law
Franklin, David L. – American School and University, 1985
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)
Descriptors: Court Litigation, Elementary Secondary Education, Federal Courts, Public Schools
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
Sendor, Benjamin – American School Board Journal, 1986
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)
Descriptors: Court Litigation, Due Process, Elementary Secondary Education, Illegal Drug Use
Hickok, Angelia B. – Tennessee Education, 1980
Although problems of drug abuse, bomb threats, theft, and concealed weapons sometimes make search and seizure necessary, the student's rights must be protected through proper legal procedures. The article presents guidelines for conducting locker and personal searches and for educating students, teachers, and administrators on student rights. (DS)
Descriptors: Civil Liberties, Discipline Policy, Due Process, School Law
Peer reviewed Peer reviewed
Lincoln, Eugene A. – Journal of Law and Education, 1989
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)
Descriptors: Administrator Responsibility, Constitutional Law, Court Litigation, Drug Use
Elliott, Delbert S.; Grady, Jane M.; Heys, Landa; Ntepp, Rhonda; Williams, Susan – Center for the Study and Prevention of Violence, 2002
Nationwide, schools, communities, parents and students recognize the continuing need to make schools a safe place, an environment where children can learn without fear for their safety. In the past few years, the available research on violence prevention has increased, providing legislators with important information about effective violence…
Descriptors: School Safety, Planning, Violence, Prevention
Vergon, Charles B., Ed. – 1989
The courts have come to play an increasingly important role in educational policy making and the administrative management of our public schools. This is especially apparent in the context of school discipline where numerous and varied controversies have been translated into legal disputes over the past three decades, many of which have ultimately…
Descriptors: Attendance, Behavior Problems, Discipline, Discipline Policy
National School Safety Center, Malibu, CA. – 1995
With the alarming increase in drugs and weapons on American school campuses, teachers and school officials have stepped up their efforts to search lockers, other school property, and sometimes the students themselves. School officials must remember that any search of a student creates a Fourth Amendment issue. Thus, it is important to know the…
Descriptors: Civil Liberties, Compliance (Legal), Constitutional Law, Court Litigation
O'Hara, Julie Underwood – 1984
This manual is designed to provide educators, primarily administrators, with basic legal information on issues concerning student rights in North Dakota. Chapters are presented on (1) the right to an education, (2) the freedom of religion, (3) the right to privacy (in school records and in searches), (4) freedom of expression (in general, in…
Descriptors: Court Litigation, Discipline Policy, Due Process, Elementary Secondary Education
Beckham, Joseph C. – 1997
School administrators sometimes face circumstances in which student searches seem necessary in order to maintain discipline and provide a safe learning environment. This publication provides an overview of recent court cases related to student searches, in an effort to help school officials anticipate and avoid legal problems while they carry out…
Descriptors: Civil Liberties, Compliance (Legal), Constitutional Law, Court Litigation
Rossow, Lawrence F.; Hininger, Janice A. – 1991
Many of the court decisions in the 1960s and 1970s regarding student civil rights were decided in favor of students. By the 1980s the courts began to give administrators more authority. This change of judicial thinking means that school authorities must be reschooled concerning the rights of students. This booklet should help administrators…
Descriptors: Civil Law, Civil Rights, Court Litigation, Discipline
Legal Memorandum, 1987
A number of legal issues are involved in conducting a drug testing program to determine whether students--and occasionally teachers--are using illegal drugs. Two legal issues have been raised concerning the accuracy of the urinalysis test: whether it is chemically accurate and whether appropriate procedures have been followed to make certain that…
Descriptors: Administrator Responsibility, Athletes, Chemical Analysis, Court Litigation
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