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Flygare, Thomas J. – Phi Delta Kappan, 1984
Reviews the status of Supreme Court deliberations in questions surrounding a New Jersey school's search of a student's purse. The state courts found the search unreasonable and reversed a lower court decision. (MD)
Descriptors: Court Litigation, Elementary Secondary Education, Search and Seizure
Sendor, Benjamin – American School Board Journal, 1985
A recent Florida court decision provides an example of a textbook case of an unconstitutionl student search. The key distinction from the "New Jersey vs. TLO" case (a student search found to be constitutional) is that the teacher who searched the students had no reasonable cause. (MD)
Descriptors: Constitutional Law, Court Litigation, Search and Seizure, Secondary Education
Peer reviewed Peer reviewed
Allred, Stephen – School Law Bulletin, 1987
Examines Fourth Amendment legal issues involved in drug testing of public employees. Discusses several recent court cases involving probable cause and reasonable suspicion to determine appropriate standards for individual situations. Outlines implications for public employers. Blanket drug testing is not permissable, though job applicants have…
Descriptors: Court Litigation, Drug Use, Due Process, Government Employees
Sendor, Benjamin – American School Board Journal, 1996
When school employees investigate alleged misconduct by students, they must follow school rules and federal and state laws. A school-locker search in a recent case from Indiana--"S.A. versus State"--illustrates the importance of employees and students knowing the rules governing investigations, and of specific employees being given the…
Descriptors: Court Litigation, Elementary Secondary Education, Public Schools, School Law
Russo, Charles J., Ed. – 1994
Case citations from federal and state court decisions concerning violence and school safety are organized in five major sections with brief summaries of relevant cases in subcategories followed by a table of cases cited. The major sections are as follows (1) "Assaults on School Personnel" (Michael L. Yates); (2) "The Fourth Amendment: Search and…
Descriptors: Court Litigation, Discipline, Due Process, Elementary Secondary Education
Peer reviewed Peer reviewed
Majestic, Ann – School Law Bulletin, 1987
Although the Supreme Court has answered the important questions concerning the constitutional requirements for searches of students by school officials in the public schools, many issues remain unresolved. School officials are advised to proceed with caution, particularly with regard to strip searches, mass searches, and dogs to sniff students…
Descriptors: Constitutional Law, Court Litigation, Elementary Secondary Education, Federal Courts
Splitt, David A. – Executive Educator, 1985
Outlines the confusion surrounding a Supreme Court decision in the "New Jersey vs. TLO" case, which put at issue the prohibition against unreasonable searches in schools. The Court's decision allows a lower standard of reasonableness to be applied in school searches. The standards are not clear and are open to serious question. (MD)
Descriptors: Compliance (Legal), Constitutional Law, Court Litigation, Drug Use
Shekleton, James F. – 1996
This paper discusses the proper way to conduct official government investigations on college campuses within the framework of the Fourth Amendment to the United States Constitution which protects against unreasonable searches and seizures. The article emphasizes that this amendment lays the groundwork for the limitations on the exercise of…
Descriptors: Civil Liberties, Colleges, Constitutional Law, Court Litigation
Minnesota House of Representatives, St. Paul. Research Dept. – 1989
This document examines the Fourth Amendment as the source of search and seizure law; drug testing of school employees; and drug testing searches of students. The United States Supreme Court case that established the two-part test to determine the legality of a student search is discussed, three separate student drug testing programs that have been…
Descriptors: Constitutional Law, Court Litigation, Drug Use Testing, Educational Legislation
Van Geel, Tyll – 1986
The Supreme Court in 1985 first addressed the issue of balance between a student's right to privacy as stated in the Fourth Amendment and school officials' need to maintain safety. This chapter summarizes the case, explores the meaning of the court opinion, and briefly discusses other issues. The case involved a 14-year-old girl (T.L.O.) whose…
Descriptors: Court Litigation, Due Process, Elementary Secondary Education, Legal Responsibility
Peer reviewed Peer reviewed
Journal of Law and Education, 1985
Provides an edited version of the Supreme Court opinions in "TLO v New Jersey." Includes an article delineating the new rules on student searches that have resulted from the court decision. A third article discusses questionable areas the Court decision left unclear. (MD)
Descriptors: Court Litigation, Crime, Discipline, Drug Use
Sendor, Benjamin – American School Board Journal, 1985
Reviews four recent cases decided in state and federal courts. The cases focused on due process in student suspensions, the use of unlawfully obtained evidence in disciplinary hearings, unacceptable methods for handling personnel conflicts, and the application of voluntary affirmative action policies during periods of staff reduction. (PGD)
Descriptors: Affirmative Action, Court Litigation, Dismissal (Personnel), Due Process
Dowling-Sendor, Benjamin – American School Board Journal, 1999
The recent decision of the 8th U.S. Circuit Court of Appeals in "Miller," based on the school district's interest in preventing possible abuse, gave legal support for random, suspiciousless drug testing of students. Contends this is a "slippery slope" argument, that the key factor in deciding whether to adopt a policy of random drug testing should…
Descriptors: Board of Education Policy, Court Litigation, Drug Use Testing, Elementary Secondary Education
Rossow, Lawrence F. – 1987
This monograph attempts to provide clear understanding of the standards presented by the Supreme Court in "New Jersey v. T.L.O." relative to search and seizure in public schools, and suggests practical ways of applying search and seizure law to situations in the school setting. ("T.L.O." are the initials of the anonymous…
Descriptors: Civil Liberties, Constitutional Law, Court Litigation, Elementary Secondary Education
McCarthy, Martha M.; Cambron-McCabe, Nelda H. – 1987
To assist school personnel in understanding current application of the law, provide an awareness of rights and responsibilities, motivate educators to translate basic concepts into actual practice, and generate an interest in further study of the law, this text is presented. Legal issues involving the rights of students and teachers in daily…
Descriptors: Attendance, Civil Liberties, Civil Rights, Class Organization
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