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Aldridge, John S.; Wooley, John A. – 1990
Legal guidelines to help public school administrators make informed choices in situations that may require student searches are provided in this paper. The constitutional basis of the issue is first discussed, noting that school officials are not required to obtain a search warrant or to have probable cause. A review of Supreme Court decisions…
Descriptors: Compliance (Legal), Constitutional Law, Court Litigation, Elementary Secondary Education
Clark, Kathryn A.; Scheuermann, Tom – 1987
The legal rights of college students have changed substantially over the years, particularly during the 20th century. This paper provides a historical sketch of student rights, including a listing of significant events and cases, from the founding of Harvard College in 1636 to the bicentennial of the Constitution and the 50th anniversary of the…
Descriptors: College Students, Court Litigation, Due Process, Freedom of Speech
Sendor, Benjamin – American School Board Journal, 1986
Reviews a recent case involving searches of student lockers from the Washington State Court of Appeals. According to this decision the Supreme Court's two criteria of reasonableness in student searches ("New Jersey v. T.L.O.") also apply to student lockers and may apply to searches of student desks, cars, and clothing. (MD)
Descriptors: Court Litigation, Due Process, Elementary Secondary Education, Illegal Drug Use
Peer reviewed Peer reviewed
Lincoln, Eugene A. – Urban Education, 1986
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)
Descriptors: Civil Liberties, Civil Rights, Constitutional Law, Court Litigation
Splitt, David A. – Executive Educator, 1985
Washington's State Supreme Court held unconstitutional a secondary school's routine search of the luggage of all students participating in a school-sponsored overnight trip. Such general searches are not permitted, and schools can find other means of ensuring good student discipline. (PGD)
Descriptors: Civil Liberties, Court Litigation, Field Trips, Privacy
Peer reviewed Peer reviewed
Cover, Marilyn – Update on Law-Related Education, 1985
How the law deals with the question of "Should students have rights in school?" is examined. One specific area of possible rights in schools--the question of searches of students by school officials--is discussed in depth. (RM)
Descriptors: Constitutional Law, Court Litigation, Elementary Secondary Education, Federal Courts
Sendor, Benjamin – American School Board Journal, 1986
In the "New Jersey vs. T.L.O." decision the Supreme Court clarified the law concerning student searches. Reviews two recent California cases illustrating how courts are interpreting the Supreme Court decision in a way that upholds reasonable student searches. (MD)
Descriptors: Civil Rights, Constitutional Law, Court Litigation, Crime
Wetterer, Charles M. – NOLPE School Law Journal, 1971
Discusses Fourth Amendment rights against unreasonable searches and seizures in terms of searches made of students and their lockers. (JF)
Descriptors: Administrators, Court Doctrine, Court Litigation, Crime
Peer reviewed Peer reviewed
Trosch, Louis A.; And Others – Journal of Law and Education, 1982
Argues that school administrators encounter conflicts with the Fourth Amendment when they conduct searches of high school students. Discusses the reluctance of the courts to hold school officials to Fourth Amendment standards; why the Fourth Amendment should apply nonetheless; and an analytical model of how school searches can be accomplished.…
Descriptors: Compliance (Legal), Court Litigation, Discipline Policy, Due Process
Peer reviewed Peer reviewed
Ornstein, Allan – Kappa Delta Pi Record, 1981
An overview of court rulings and legislation defining student rights. (Editor/SJL)
Descriptors: Court Litigation, Discipline Policy, Elementary Secondary Education, Freedom of Speech
Peer reviewed Peer reviewed
Stevens, George E. – Journal of Law and Education, 1980
Focuses on the last 15 years of privacy cases involving students. The cases examined cover the areas of searches, the family relationship, personal autonomy/appearance, and information privacy. (IRT)
Descriptors: Civil Liberties, Constitutional Law, Court Litigation, Elementary Secondary Education
Peer reviewed Peer reviewed
Stefkovich, Jacqueline A. – Journal for a Just and Caring Education, 1996
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…
Descriptors: Court Litigation, Drug Use Testing, Elementary Secondary Education, Legal Problems
Peer reviewed Peer reviewed
Phillips, James – Update on Law-Related Education, 1989
Examines the role of the friend of the court, ("amicus curiae"), by discussing the filing of a brief in a drug testing case currently under consideration by the U.S. Supreme Court. Explores the issue of drug testing for employment; suggests possible outcomes; and provides 10 discussion questions for use with students. (KO)
Descriptors: Civil Liberties, Constitutional Law, Court Litigation, Employment Qualifications
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
Russo, Charles J.; Morse, Timothy E. – School Business Affairs, 1995
In "Acton," the Supreme Court upheld a local school board policy calling for the random, suspicionless drug testing of interscholastic student-athletes. Reviews the Court's holdings. Concludes that a drug-testing policy that is consistent with "Acton" and enjoys broad-based community support probably would be worth its expense.…
Descriptors: Athletes, Court Litigation, Drug Abuse, Drug Use Testing
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