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Search and Seizure | 11 |
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West's Education Law Quarterly | 11 |
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Rossow, Lawrence F.; Stubblefield, Brenda L. – West's Education Law Quarterly, 1992
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)
Descriptors: Court Litigation, High Schools, School Law, School Safety
Bjorklun, Eugene C. – West's Education Law Quarterly, 1993
Examines recent court decisions regarding the legality of drug-testing programs aimed at student athletes. Concludes the drug-testing programs will be upheld if the program is narrowly drawn with regard to the student population; aims at limited and achievable goals; involves random selection of students for testing; and imposes penalties…
Descriptors: Athletes, Court Litigation, Drug Use Testing, High School Students
Bjorklun, Eugene C. – West's Education Law Quarterly, 1996
Examines two legal issues related to the use of metal detectors in public schools: their legality under the Fourth Amendment and the potential liability of schools who fail to use them to keep weapons out of their buildings. (91 footnotes) (MLF)
Descriptors: Court Litigation, Elementary Secondary Education, Legal Responsibility, Public Schools
Bjorklun, Eugene C. – West's Education Law Quarterly, 1995
Because school lockers are potential hiding places for weapons and drugs, some schools are eliminating them. Searching student lockers on a random basis raises legal questions. Examines the legality of random locker searches based upon the guidelines for student searches set forth by the Supreme Court in "New Jersey v. T.L.O." and lower…
Descriptors: Court Litigation, Federal Courts, Police School Relationship, School Law
Pittman, Andrew T.; Slough, Mark R. – West's Education Law Quarterly, 1996
Addresses the Fourth Amendment constitutional challenges facing high school student-athlete drug testing programs and applies the findings in the U.S. Supreme Court decision in the "Vernonia versus Acton" case, the first drug-testing case involving high school student athletes to be decided by the Court, by recommending 12 safeguards…
Descriptors: Athletes, Court Litigation, Drug Use Testing, Federal Courts
McKinney, Joseph R. – West's Education Law Quarterly, 1994
Examines state and federal court decisions from 1985 to 1993 involving students' claims that their constitutional rights were violated by school officials who conducted searches without reasonable suspicion. Discusses what constitutes reasonable suspicion, information provided by student informants, and outcomes of the cases. (MLF)
Descriptors: Court Litigation, Elementary Secondary Education, Privacy, Public Schools
Smith, Joseph M.; Strope, John L., Jr. – West's Education Law Quarterly, 1995
Examines 15 cases dealing with dormitory searches covering a 31-year period to determine how the Fourth Amendment applies to dormitory searches. The prevailing consensus is that if a university says and thinks it has the right to conduct a search of a room for health, safety, and maintenance reasons, then, in most circumstances, it has this right.…
Descriptors: College Housing, Constitutional Law, Court Litigation, Dormitories
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
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
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
Rossow, Lawrence F.; Stefkovich, Jacqueline – West's Education Law Quarterly, 1996
In "Acton," the Supreme Court upheld a local school board policy calling for the random, suspicionless drug testing of interscholastic student athletes. The Supreme Court reasoned that student athletes have a low expectation of privacy; the scope of the search was relatively unobtrusive; and the program served an important government…
Descriptors: Athletes, Board of Education Policy, Court Litigation, Discipline