Courts have long held that public school teachers are "state actors" when they carry out the duties of their job. Despite this, very few teacher preparation programs include an education law class. In order to understand teachers' legal literacy, a survey was given to 300 public school teachers in Indiana. The survey assessed knowledge…

This study examined federal and state court decisions related to student Fourth Amendment rights following the "New Jersey v. T.L.O." ruling in 1985. There has been minimal research in judicial treatment of students' Fourth Amendment rights across regions of the country and less to what extent regional rulings implicitly or explicitly…

This study explores the court system's treatment of students' Fourth Amendment rights in cases emerging from contrasting minority school settings and whether discrepancies exist in case outcomes between these extremes. From virtually every search and seizure case that occurred between the 1985 U.S. Supreme Court case in "New Jersey v.…

Purpose: A factor largely overlooked amid the press for greater security in schools is the extent to which law enforcement participates in search and seizure and the implications such actions carry for student civil liberties. As case law suggests, police engaged in school searches may be held to the probable cause standard or the more flexible…

Examines legal and ethical ramifications of three roles of school authorities (agents-of-state, custodial, tutelary) legitimated in two Supreme Court decisions: "New Jersey v. T.L.0." (search and seizure) and "Vernonia v. Action" (drug use testing). (Contains 34 references.)(PKP)

Public secondary school administrators should deduce from the 1985 "New Jersey v. T.L.O." Supreme Court decision that searching students does not violate the Constitutional prohibition against unreasonable searches and seizures when there are reasonable grounds for suspicion. The "Wallace v. Jaffree" case, decided in the same…

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)

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.…

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)

The Supreme Court's "T.L.O." decision and its application by the lower courts provide school administrators with considerable guidance in dealing with search and seizure situations. A nationwide survey of 238 high school principals indicates the status of search and seizure practices in public secondary schools. (MLF)

The illegal Mexican migration to the U.S. has resulted in judicial and statutory responses that have constrained the constitutional and civil rights of Chicanos. The Supreme Court, in its concern for stopping the flow of illegal immigrants, has ruled in U.S. v. Martinez-Fuerte that it is not a constitutional violation to refer motorists to a…

Survey of 24 midwestern school attorneys, 31 midwestern school administrators, and 22 law professors identified the most important school law cases in 10 categories: students' rights, due process, search and seizure, school attendance, rights of the handicapped, school curriculum, church and state, school desegregation, school finance, and…

In "New Jersey v. T.L.O." the U.S. Supreme Court held that the prohibitions of the Fourth Amendment regarding unreasonable searches and seizures apply to student searches and seizures conducted by public school officials. However, the Court said the legality of a search should depend upon "reasonableness, under the…

Traditionally, the public schools have been primarily within the domain of local administrators; however, over the past two decades, the courts have become involved more and more in decisions that affect daily operational procedures of the schools. The purpose of this paper is to examine current issues in educational law, including suspension,…

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…