The problem is the widespread practice by many campuses in defining community membership in ways that deny their students the civil liberties and civil rights all other Americans are guaranteed. Thus, when forty-year old veterans enroll for even one part-time course, they may find that First and Fourteenth Amendment rights existing off campus no…

The time has come for a thorough review of the "Guidelines for the Consideration of Governing Bodies in Adopting a Code of Conduct for Learners" (hereafter the Guidelines). More than 20 years after its original publication, no amendments have been made to this important document. To substantiate the case for review, some of the most…

Despite the potential instructional benefits of integrating devices such as cell phones into schools and classrooms, research reveals that their improper use can negatively impact student behaviour, learning, and well-being. This paper reviews the literature and litigation on cell phone use in schools due to controversies over cheating,…

In light of the dramatic increase in the presence of weapons, violence, drugs, and other contraband in schools, school officials in the United States and England face significant challenges as they seek to maintain safe and orderly learning environments. Almost twenty five years after the United States Supreme Court's 1985 ruling in "New…

This article analyses the content and legal implementation of the right to education as a human right in Canada. It seeks to expose the extent to which Canadian legislative mechanisms have succeeded in protecting the right to education of students with disabilities by using students with epilepsy as a test case. To that end, the article examines…

A review of legal decisions provides thought-provoking considerations for administrators who want to deter drug use on campus. The United States Supreme Court has recognized that even a limited search of students is a substantial invasion of privacy, but also that school officials need to maintain school discipline. Guidelines for the…

In a federal case involving a vice-principal's pat-down search of middle-school students in a cafeteria (for a missing pizza knife), the court upheld the search, saying it was relatively unintrusive and met "TLO's" reasonable-suspicion standards. Principals need reasonable justification for searching a group. (Contains 18 references.)…

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…

In a Georgia case involving a strip-searched class of fifth- graders to locate some missing money ($26), a Federal Court judge concluded the searches were unreasonable. Although students won the constitutionality battle, they lost the war over liability and injunctive relief in a subsequent decision. (MLH)

Regarding school searches, courts have provided guidelines balancing individual students' rights against the larger school community's rights. Administrators are bound by the Fourth Amendment, which stresses reasonable grounds of suspicion and related circumstances. Strip searches, metal detectors, hidden cameras, and locker searches may meet…

Asks whether proponents' justifications for using metal detectors to counteract school violence are compelling enough to override students' privacy interests. Concludes that there are serious constitutional concerns raised by using metal detectors. The rationale for upholding school searches in other contexts does not apply to metal-detector…

Every year, a few administrators mishandle school searches and create spectacles similar to the New Castle, Pennsylvania, incident involving six illegally strip-searched students. Principals using "cops-and-robber" techniques to unearth contraband may not realize the potential for infringing on students' constitutional privacy rights.…

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…

Unlike most school-security strategies, search and seizure procedures can be largely determined by studying landmark court cases. The U.S. Supreme Court set standards for conducting school searches in "New Jersey v. T.L.O." (1985) and for drug testing student athletes in "Vernonia School District v. Acton" (1995). School…

In examining student searches from a critical theory perspective, one considers who is being searched, who does the searching and by what authority, and how searching reinforces existing power structures. This article addresses these questions and related concepts (discipline, criminal/deviant behavior, punishment, and rehabilitation) by applying…