Based on past court litigation, this publication summarizes students' rights concerning search and seizure, exceptions to these rights, and the legal effects of violating these rights. Administrative recommendations are made. (MLF)

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…

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…

Legal points school officials must consider before conducting student searches are reviewed. Some courts have viewed school personnel as agents of the state, subject to all Fourth Amendment limitations. Most, however, have tended to support the doctrine of in loco parentis, permitting some searches on grounds of less than probable cause. (PP)

School administrators are challenged to maintain the delicate balance between protecting individuals' rights and ensuring the general welfare by maintaining a safe, secure learning environment. Legal principles and precedents governing restrictions on student appearance, privacy and procedural rights, harassment and hate crimes, and suicide are…

This state-of-the-knowledge paper, a companion to the author's 1975 monograph on a similar topic, examines the legal ramifications of student suspension, expulsion, and search and seizure of students' property. The author reviews relevant court litigation and state laws pertaining to specific rules on student conduct, the procedures to follow in…

This administrator's guide is intended to aid local school administrators who formulate policies and procedures for dealing with drug-involved students. The guide suggests alternatives for those engaged in such policy-making rather than mandating a single course of action for all school districts. The guide is not intended to limit a community's…

The third in this special series on constitutional themes, this document focuses on justice. "Due Process: What Is It?" (P. McGuire) examines the concept of due process as provided in the Fifth and Fourteenth Amendments and provides lesson plans for a five-day unit on that topic. "Making Government Fair" (G. Galland) explains…

Because recent legislation and court decisions have expanded the rights of all students, schools of the 70s must educate them about the responsibilities that go with these newly recognized rights. A nationwide survey indicates that many schools have established grievance procedures based on open communication and clearly stated policies. And many…

This report examines some of the changes taking place in the schools as a result of a growing recognition by the courts, as well as by parents and educators, that "students are persons." The author discusses recent developments affecting student rights, student responsibilities, and student participation in school governance. Discussed are…

These guidelines describe areas of concern as indicated by recent litigation, questions received from local school districts, and complaints received from parents and students. They also present, as a frame of reference, the status of current school law where and as it applies to the area of students' rights and responsibilities. The document is…

To assist administrators in understanding procedural due process rights in student discipline, this manual draws together hundreds of citations and case summaries of federal and state court decisions and provides detailed commentary as well. Chapter 1 outlines the general principles of procedural due process rights in student discipline, such as…