As Internet-based communications and interactions by and between students and school staff become more prevalent, an appreciation of school rules for student behavior is important. Students carry electronic devices, sending and receiving communications inside and outside school, so two key questions exist regarding search and seizure of such…

To search or not to search is a perplexing issue facing school leaders. On one hand, school officials are responsible for providing a safe and orderly learning environment for all students. On the other hand, they must recognize and respect students' personal rights. Achieving this delicate balance often is difficult for school officials. This…

Judicial handling of Fourth Amendment issues arising from warrantless searches of college students' housing has concentrated on the status of the student. The author points out the defects in the status theories which have been used to justify relaxed standards of protection for college students. (Editor)

In New Jersey vs. T.L.O. (1985) the Supreme Court clarified and limited the student's Fourth Amendment rights against "unreasonable searches and seizures." When school officials act alone and on their own authority, they need not obtain a warrant but may conduct a search based on the lesser standard of "reasonableness." (LHW)

This article examines the effects of the "Acton" decision, a Supreme Court ruling that upheld random urinalysis of secondary-school students who participate in extracurricular athletics. The paper focuses on cases involving general (mass) searches, "medical assessment" searches, strip searches, and drug testing. Although the…

A case involving a strip-search of two second-grade girls in Talledega, Alabama, was dismissed with an eight-to-three vote by the 11th Circuit Court. The court issued an opinion on only one question in the case: whether the employees involved were entitled to "qualified immunity." Advises administrators to be cautious and permit strip…

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…

After a preface in which Judge Robert Landry cites the importance of the Galt Decision, the paper summarizes the rights of students in elementary and secondary schools. This is presented through case histories. The decisions are grouped into the categories of freedom of expression, search and seizure, dress and grooming, invasion of privacy, and…

A survey of 238 Kansas principals, which found searching of students (especially of students with disabilities) not uncommon, is reported. Relevant court litigation is briefly reviewed and lawful guidelines concerning "reasonable suspicion" and "reasonable scope" are explained. (DB)

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)

Findings of a study that examined the effect of a 13-week inservice program on administrators' awareness of laws governing student searches and seizures are presented in this practicum report. Four school-site administrators participated in the project once a week. Program activities included case analyses, role-playing exercises, and…

This report--part of a collection of 54 papers from the 48th annual conference of the Education Law Association held in November 2002-- discusses student drug testing in Texas public schools. It contains the results of a 2001 study of student drug-testing policies in all 1,056 Texas public-school districts. In response to the Supreme Court's June…

The increased presence of drugs and weapons in schools has forced school officials to step up searches of students, lockers, and school property. The landmark case of "New Jersey vs. TLO" set standards concerning reasonable suspicion and reasonable searches. School officials must be familiar with recent court opinions on student…

This paper--part of a collection of 54 papers from the 48th annual conference of the Education Law Association held in November 2002--addresses social forces that affect the school curriculum regarding legal rights of public-school students. It identifies areas of concern and recommends methods for ensuring that the legal rights of students are…

Traces legal balance in "Tinker" between Constitutional rights of students and caveat that these rights were secure only as exercise did not "interfere" with disciplinary processes of school. Cites changing political landscape; free exercise and establishment of religion; and search and seizure. Concludes that students appear…