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Johnson, Robert S. – West's Education Law Quarterly, 1993
Before electing to utilize metal-detection devices for random weapons searches of students, school districts should be prepared for the possibility of having to litigate the legality of their policies. Reviews the limited case law on the subject, and offers recommendations to districts that decide to proceed with the development of such a policy.…
Descriptors: Board of Education Policy, Elementary Secondary Education, Legal Responsibility, Policy Formation
Bozeman, William C.; And Others – Updating School Board Policies, 1987
Public concern about substance abuse, fueled by political and media attention, is causing school administrators to consider a variety of approaches beyond traditional drug education. No procedures, methods, or rules regarding drug testing should be established in the absence of clear school board policy, and no policy decisions should be made…
Descriptors: Board of Education Policy, Civil Liberties, Drug Abuse, Elementary Secondary Education

Sultanik, Jeffrey T. – Journal of Law and Education, 1990
In response to an earlier article by Eugene Lincoln, presents two hypothetical cases that respectively deal with the possible effects of drug use on school premises and with a policy governing mandatory urine testing for student athletes. Cites factors that should be incorporated in any mandatory drug testing policy. (MLF)
Descriptors: Administrator Role, Athletics, Court Litigation, Drug Use Testing

Evans, John M. – Journal of Law and Education, 1990
The National Collegiate Athletic Association (NCAA) drug-testing program affects thousands of collegiate athletes. This article examines the web of testing procedures and raises questions about the legitimate interest of the program; focuses on federal and state constitutional limitations; and suggests some ways to correct operating procedures.…
Descriptors: College Athletics, Constitutional Law, Court Litigation, Drug Use Testing

Teagarden, C. Claude – West's Education Law Reporter, 1991
Examines the National Collegiate Athletic Association's drug testing program of student-athletes and relevant legal decisions. Concludes that each individual urinalysis search, not based on suspicion, is a violation of the student-athlete's privacy and is an unreasonable search in violation of the Fourth Amendment. (100 references) (MLF)
Descriptors: Athletes, College Athletics, Constitutional Law, Court Litigation

Johnson, Robert S. – Journal of Law and Education, 2000
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…
Descriptors: Court Litigation, Elementary Secondary Education, Federal Courts, Prevention
Splitt, David A. – Executive Educator, 1986
Detection of drug users at school is a problem complicated by recent New Jersey court cases upholding students' privacy rights against mandatory medical examinations and search-and-seizure actions. Requiring confidential medical screening by private physicians for sports and other extracurricular activities is an alternative strategy offering…
Descriptors: Court Litigation, Discipline Policy, Drug Abuse, Elementary Secondary Education
Sendor, Benjamin – American School Board Journal, 1984
A current United States Supreme Court case will determine constitutional guidelines for school administrators in searching students for drugs and other school contraband. Thus far, the New Jersey Supreme Court has established a demanding standard for warrantless searches of students and their property, requiring respect for students'"valid…
Descriptors: Constitutional Law, Court Litigation, Discipline Policy, Elementary Secondary Education
Michaelis, Karen L. – 1997
Although most parents want school officials to enforce rules for a drug-free school environment, they often feel differently when their own children are the objects of student searches. This paper argues that as long as searches are directed at "others,"--those who are known or assumed to be guilty of school rule violations or criminal…
Descriptors: Civil Rights, Constitutional Law, Court Litigation, Due Process
Stafkovich, Jacqueline A. – West's Education Law Quarterly, 1995
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"…
Descriptors: Constitutional Law, Court Litigation, Drug Abuse, Elementary Secondary Education
Dowling-Sendor, Benjamin – American School Board Journal, 2002
A federal case from Georgia about strip-searches of fifth-grade students for a missing $26 was appealed to the 11th Circuit Court. The 11th Circuit affirmed the district court that the strip searches were unconstitutional but that certain federal law rules shielded the school employees, a police officer, the school district, and the county from…
Descriptors: Court Litigation, Elementary Secondary Education, Federal Courts, Legal Responsibility
Shekleton, James F. – 1996
This paper discusses the proper way to conduct official government investigations on college campuses within the framework of the Fourth Amendment to the United States Constitution which protects against unreasonable searches and seizures. The article emphasizes that this amendment lays the groundwork for the limitations on the exercise of…
Descriptors: Civil Liberties, Colleges, Constitutional Law, Court Litigation

Miller, Bruce A.; Linden, Russell S. – Journal of Law and Education, 1988
Two union lawyers concede that employer concern about substance abuse is legitimate but object to the invasion of individual privacy and the assault on worker dignity. Describe the standards that must be met for drug testing to be constitutionally valid and identify the unreliable technology of drug tests. (MLF)
Descriptors: Constitutional Law, Court Litigation, Drug Use, Elementary Secondary Education
Wood, R. Craig; Chestnutt, Mark D. – West's Education Law Quarterly, 1995
Discusses the federal constitutional limits placed on school officials in various attempts to reduce crime in their schools. Describes searches of a student's person and belongings, school lockers, and the use of metal detectors. Possible pitfalls for schools in their efforts to reduce crime include due process requirements. (97 footnotes) (MLF)
Descriptors: Civil Rights, Court Litigation, Crime, Due Process
First, Patricia F.; Curcio, Joan L. – School Business Affairs, 1994
Cites two court cases regarding students' complains of sexual harassment by teachers. Contends that the educators in these cases violated both commonly accepted personal morality and the ethics of their profession. Reveals a widespread resistance to the study on the psychological development of girls. (MLF)
Descriptors: Adolescent Development, Court Litigation, Elementary Secondary Education, Federal Courts