Descriptor
Source
Author
Publication Type
Education Level
Elementary Secondary Education | 1 |
Audience
Practitioners | 30 |
Administrators | 20 |
Policymakers | 10 |
Teachers | 4 |
Students | 3 |
Parents | 2 |
Community | 1 |
Location
Australia | 1 |
Colorado | 1 |
Delaware | 1 |
New Jersey | 1 |
North Dakota | 1 |
Wisconsin | 1 |
Laws, Policies, & Programs
Assessments and Surveys
What Works Clearinghouse Rating

Essex, Nathan L. – Clearing House, 2003
Considers how school officials face the delicate task of balancing a student's individual right to Fourth Amendment protection against their duty to provide a safe and secure environment for all students--a major challenge in cases involving intrusive searches. Discusses recent developments involving intrusive searches, previous court rulings…
Descriptors: Evidence (Legal), Search and Seizure, Secondary Education, Student Rights
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
Splitt, David A. – Executive Educator, 1987
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…
Descriptors: Court Litigation, Disabilities, Elementary Secondary Education, Government Employees
O'Hara, Julie Underwood – Executive Educator, 1983
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)
Descriptors: Administrator Responsibility, Court Litigation, Elementary Secondary Education, School Policy
Flygare, Thomas J. – Phi Delta Kappan, 1987
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…
Descriptors: Civil Rights, Constitutional Law, Court Litigation, Educational Administration

Zirkel, Perry A.; Reichner, Henry F. – Journal of Law and Education, 1986
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…
Descriptors: Corporal Punishment, Court Litigation, Due Process, Educational History

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

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
Aldridge, John S.; Wooley, John A. – 1990
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…
Descriptors: Compliance (Legal), Constitutional Law, Court Litigation, Elementary Secondary Education
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
Sendor, Benjamin – American School Board Journal, 1986
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)
Descriptors: Civil Rights, Constitutional Law, Court Litigation, Crime

Ornstein, Allan – Kappa Delta Pi Record, 1981
An overview of court rulings and legislation defining student rights. (Editor/SJL)
Descriptors: Court Litigation, Discipline Policy, Elementary Secondary Education, Freedom of Speech
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