For young people it just gets worse. Ten years after the Columbine tragedy, the debate over school safety has clearly shown that educators, parents, politicians, and the mainstream media have created the conditions in which young people have increasingly become the victims of adult mistreatment, indifference, neglect, even violence. The tragic…

In this article, the author hopes that educators can begin a long-overdue public discussion about how they encourage and defend their students' civil liberties--while doing a lot more to enhance their safety. To start, they need to confront the problem that nearly all their students, like their children, believe that "ratting out" a friend or…

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)

In the April 1999 issue of this journal, Michael Ferraraccio argues that the justifications advanced for using metal detectors in schools are not sufficiently compelling to outweigh students' Fourth Amendment privacy rights. In the accompanying Counterpoint, Robert Johnson cites lower court cases to support the constitutionality of their used on a…

Discusses the implications of "Niziol," a case in which a Florida high school student was killed in the school parking lot when his gun accidentally discharged. The parents sued the school board in federal district court. The magistrate dismissed all the federal law claims, though she postponed her decision on the state law claims. (MLF)

Describes problems of maintaining discipline and security at Jamaica High School in Queens, New York. Argues that court decisions and school regulations have allowed minority of aggressive and disruptive students to destabilize the learning environment. (PKP)

James LaVine, a high-school junior, wrote a first-person fantasy about killing 28 people in school and then committing suicide. The district suspended him for 17 days. James and his father filed suit against the school district alleging that the emergency expulsion violated James' First Amendment rights. The District Court ruled for the LaVines…

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…

The school's responsibility to provide a safe learning environment for students is examined in this paper. Failure to take preventative measures may result in loss of government tort immunity and charges of negligence liability. A review of case law indicates a trend toward successful litigation by plaintiffs against school districts--a decline in…

Using as examples some of the more important court cases from the 1970s, as well as a few older but still important cases, this book discusses tort litigation as it affects educators. Chapter 1 presents all of the elements important to educational tort law and discusses tort terminology as well as events commonly occurring in tort actions. With…

Disagrees with Ferraraccio's views and argues that: (1) students do bring illegal weapons to school; (2) metal detectors do detect weapons and help schools to disarm students; (3) disarming students reduces the threat of violence; and (4) courts have repeatedly approved the constitutionality of weapon-related suspicionless student searches…

In "Williams by Williams v. Ellington" the Sixth Circuit Court of Appeals upheld the strip search of a female student for drugs. Explains the standards for searching students in schools as set forth by the Supreme Court in the "New Jersey v. T.L.O." decision. Considers the application of legal standards in "Williams"…

Schools have a legal, ethical, and moral obligation to provide to all students equal access to education and equal protection under the law. For many sexual minority students, however, schools are unsafe and survival, not education, is the priority. Schools typically do not have the information, interest, or comfort level to address the needs of…

Legal and ethical issues involved in the balance between concern over school violence and regard for the individual rights of students are explored. Several Canadian cases involving duty of care, the 1995 amendment to the Young Offenders Act, and the confidentiality of student records are reviewed. Confidentiality guidelines are proposed. (SLD)

Two essays present opposing viewpoints on school uniforms. One suggests that uniforms make safer schools and better students. The other states that teenagers will rebel, and the uniform debate is a diversion from more pressing problems in education. The article includes brief opinion statements from teachers and other professionals. (SM)