This study identifies and analyzes federal and state court cases relating to the rights of students during the period 1960 to 1971. (Editor)

Describes latest court litigation on student rights. (JF)

In DesRoches v Caprio, federal district court ruled in favor of Jim DesRoches who had decided not to consent to a search of his backpack for a pair of allegedly stolen sneakers. Judge Robert G. Doumar decided the need to find the stolen sneakers did not outweigh the students' privacy interest and offered guidelines about school searches for stolen…

This report points up the infringement on student constitutional rights by Washington State public schools. To remedy the situation, the report proposes State legislation guaranteeing the substantive rights of students. The proposed legislation is presented together with explanatory and supportive statements. A related document is EA 003 787. (JF)

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)

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)

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.…

Although problems of drug abuse, bomb threats, theft, and concealed weapons sometimes make search and seizure necessary, the student's rights must be protected through proper legal procedures. The article presents guidelines for conducting locker and personal searches and for educating students, teachers, and administrators on student rights. (DS)

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…

Students do not leave their constitutional rights at the boundary of the school grounds. We would never send anyone to prison without a trial; to a lesser degree, expulsions and suspensions are in the same category. Your due process procedures should at least give a student (1) notice of the charges, (2) opportunity to be heard, and (3)…

In response to an earlier article by Eugene Lincoln, presents two hypothetical cases that respectively deal with the possible effects of drug use on school premises and with a policy governing mandatory urine testing for student athletes. Cites factors that should be incorporated in any mandatory drug testing policy. (MLF)

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…

The author traces the history of the applicability to students of the Fourth Amendment, which defines search and seizure of person or property to be illegal without a valid search warrant supported by probable cause. Various court decisions have affirmed students' constitutional rights, but Louisiana is the only state that has held, in a decision,…

In 1988, the Tennessee Legislature passed permissive legislation (TCA 49-940) that allows school officials to test suspected students for using drugs. The law provides that testing is optional, with each local education agency deciding whether or not to adopt the policy. Twelve school systems chose to adopt the legislation as board policy. This…