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…

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…

In recent years, public school students have been searched with metal detectors and occasionally sniffed by dogs or strip searched. Their lockers and bookbags have been searched, and their urine has been tested for drugs--all in the name of school safety. This article explores the legal ramifications of such searches and calls for a critical…

Concerns over students' and staff members' safety in public schools continue to mount-- manifested in zero-tolerance policies, stringent disciplinary practices, and efforts to implement drug-screening programs. Although "reasonable suspicion" for searches and drug testing is the watchword, courts cannot agree on definitions. Legalities…

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 legal problems of a policy permitting the use of metal detectors to search students suspected of carrying concealed weapons. A wholesale search policy was challenged as a violation of students' rights, so the board adopted a selective search policy based on reasonable suspicion. (TE)

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…

In a case involving a swim-team student's mandatory pregnancy test and a varsity coach's mishandling of confidentiality, the Third Circuit Court of Appeals awarded the coach qualified immunity, while rejecting the student's Fourth and First Amendment claims. Discretion and legal counsel would have helped. (MLH)

Discusses the decision to implement a drug and alcohol testing program, analyzing how such programs fit within the traditional functions of criminal and administrative law, pinpoints some messages conveyed by testing programs, and discusses factual premises that should underlay such programs. Reviews recent U.S. Supreme Court rulings and gauges…

In the 1981-82 school year, the Austin Independent School District used trained dogs and handlers to detect illegal drugs and alcohol on the campuses of two high schools. The appendixes of the evaluation designed to gather useful data concerning program effectiveness are presented here. Data from a survey of staff and students, interviews with…

Teachers continue to be underinformed about legal issues affecting schools. Litigation and case law since 1998 suggest that principals should provide teachers with additional training in the areas of school violence, school prayer, sexual harassment, the Individuals with Disabilities Education Act, data privacy, and student suicide. (MLH)

School administrators are challenged to maintain the delicate balance between protecting individuals' rights and ensuring the general welfare by maintaining a safe, secure learning environment. Legal principles and precedents governing restrictions on student appearance, privacy and procedural rights, harassment and hate crimes, and suicide are…

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…