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Uhler, Scott F.; Smith, Gregory T. – Education Digest: Essential Readings Condensed for Quick Review, 2012
As Internet-based communications and interactions by and between students and school staff become more prevalent, an appreciation of school rules for student behavior is important. Students carry electronic devices, sending and receiving communications inside and outside school, so two key questions exist regarding search and seizure of such…
Descriptors: Students, Handheld Devices, Ownership, Search and Seizure
Torres, Mario S., Jr.; Callahan, Jamie L. – Education and Urban Society, 2008
This study explores the court system's treatment of students' Fourth Amendment rights in cases emerging from contrasting minority school settings and whether discrepancies exist in case outcomes between these extremes. From virtually every search and seizure case that occurred between the 1985 U.S. Supreme Court case in "New Jersey v.…
Descriptors: Courts, Search and Seizure, Court Litigation, Psychological Patterns
National Association of Secondary School Principals, Reston, VA. – 1973
Although the law generally allows administrators to search lockers, this should not be viewed as a carte blanche right. Students do have some ownership rights, particularly with regard to other students. School officials are charged by the state with operating the schools and safeguarding the health, welfare, and safety of students and school…
Descriptors: Civil Liberties, Court Litigation, School Law, Search and Seizure
Rossow, Lawrence F.; Stubblefield, Brenda L. – West's Education Law Quarterly, 1992
Unanimous U.S. Court of Appeals for the Sixth Circuit upheld the strip search of a student. Since first case was decided in 1973, no other court has been willing to uphold this highly intrusive search method. Asks why the Sixth Circuit is willing to set aside what has been the concern of the judiciary for the past several decades. (MLF)
Descriptors: Court Litigation, High Schools, School Law, School Safety
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, 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. – School Law Bulletin, 1985
Discusses the Supreme Court's findings affecting searches by schools in "New Jersey vs. T.L.O.," reviews earlier school search cases, and explores the factors and circumstances the courts have considered in applying the "reasonableness" standard for assessing when a school's need for maintaining order outweighs a student's…
Descriptors: Constitutional Law, Court Litigation, Elementary Secondary Education, Privacy
Flygare, Thomas J. – Phi Delta Kappan, 1985
Reviews the United States Supreme Court's findings in "New Jersey vs. T.L.O.," a case hinging on the reasonableness of a school official's search of a student's purse. Cites several issues that remained unresolved after the decision and argues that the court could have been more helpful. (PGD)
Descriptors: Civil Liberties, Court Litigation, Elementary Secondary Education, Privacy
Bjorklun, Eugene C. – West's Education Law Quarterly, 1995
Because school lockers are potential hiding places for weapons and drugs, some schools are eliminating them. Searching student lockers on a random basis raises legal questions. Examines the legality of random locker searches based upon the guidelines for student searches set forth by the Supreme Court in "New Jersey v. T.L.O." and lower…
Descriptors: Court Litigation, Federal Courts, Police School Relationship, School Law

Shepard, Jon – School Law Bulletin, 1993
In "New Jersey v. T.L.O.," the Supreme Court determined that public school searches must meet a two-pronged reasonableness standard. Search must be "justified at its inception" and be "reasonably related in scope to the circumstances." Examines factors that courts have found important in applying the T.L.O. standard.…
Descriptors: Court Litigation, Elementary Secondary Education, Federal Courts, Public Schools
Dowling-Sendor, Benjamin – American School Board Journal, 1998
In DesRoches v Caprio, federal district court ruled in favor of Jim DesRoches who had decided not to consent to a search of his backpack for a pair of allegedly stolen sneakers. Judge Robert G. Doumar decided the need to find the stolen sneakers did not outweigh the students' privacy interest and offered guidelines about school searches for stolen…
Descriptors: Discipline, Due Process, Federal Courts, High Schools

Bartlett, Larry – Clearing House, 1986
Cautions that while the decision of the Supreme Court in "New Jersey vs. T.L.O." did affirm the authority of school officials to search students under some circumstances, it did not give them unfettered authority to search students. (FL)
Descriptors: Administrator Role, Court Litigation, Elementary Secondary Education, School Law
Dowling-Sendor, Benjamin – American School Board Journal, 2003
A decision by the 8th U.S. Circuit Court of Appeals in a case from Minnesota illustrates the difficulties schools face in deciding when and how to search a student for possible weapons or drugs. Case shows courts tend to give school officials a measure of flexibility when applying the law. Advises board members and administrators to consult with…
Descriptors: Court Litigation, Drug Use, Elementary Secondary Education, School Law

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