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…

By upholding a student's refusal to provide a urine sample, the Seventh Circuit Court correctly avoided further erosion of the Fourth Amendment's privacy principle. In "New Jersey v T.L.O." (1995), the U.S. Supreme Court shrunk the probable-cause standard to reasonable suspicion in the special context of public schools, retaining the…

Educators concerned about school safety have resorted to searching students, their lockers, and their possessions. These searches have led to litigation over whether the Fourth Amendment's prohibition of unreasonable searches and seizures applies to public schools. Although courts have upheld reasonable searches, administrators should carefully…

Describes how and why enemies are created in pursuit of school security. Shows how administrators, with the judicial system's assistance, have applied that process to certain types of students to justify school officials' increasingly intrusive searches for a wide range of infractions. Suggests alternative approaches. (25 references) (MLH)

Discusses administrator responsibility and student rights under the Fourth Amendment. Reviews search and seizure case law in school settings, highlighting "New Jersey v. TLO,""Vernonia v. Acton," and other landmark decisions. Some experts advocate a moral or cultural ethos fostering a sense of family and community, character…

Schools are legally obligated to protect students from injury, report child abuse, and curtail harassment and hate crimes. Educators' duties to maintain safe school environments often conflict with students' constitutionally protected rights governing expression, appearance, unreasonable searches, and due process regarding zero-tolerance policies…

This chapter reviews court decisions in education during 1986 that addressed issues related to student rights and the jurisdiction of schools with respect to pupils. The first section of the review covers the issues of public school assignment, tuition, transportation, and compulsory attendance. This is followed by short discussions of cases…