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Shepard, Jon – School Law Bulletin, 1993
In "New Jersey v. T.L.O.," the Supreme Court determined that public school searches must meet a two-pronged reasonableness standard. Search must be "justified at its inception" and be "reasonably related in scope to the circumstances." Examines factors that courts have found important in applying the T.L.O. standard.…
Descriptors: Court Litigation, Elementary Secondary Education, Federal Courts, Public Schools
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Sanchez, J. M. – Journal of Law and Education, 1992
Reviews 18 criminal cases decided by state appellate courts that have applied standards set forth by U.S. Supreme Court in "New Jersey v. T.L.O" which defined extent to which public school officials could constitutionally search students and their property. Contends Supreme Court made it possible for state courts to practically expunge…
Descriptors: Court Litigation, Elementary Secondary Education, Federal Courts, Privacy
Franklin, David L. – American School and University, 1985
The United States Supreme Court's first decision on student search and seizure required that school officials have reasonable cause in conducting a search in order to enforce school rules or counter a threat to the school environment. Not analyzed was when a search will be considered intrusive. (MLF)
Descriptors: Court Litigation, Elementary Secondary Education, Federal Courts, Public Schools
Schreck, Myron – 1991
In 1985, the United States Supreme Court, in "New Jersey v. T.L.O.," held that the Fourth Amendment applies to searches and seizures conducted by public school administrators. This paper discusses the current state of Fourth Amendment law with regard to public school searches and seizures. Among the subtopics discussed are the following:…
Descriptors: Court Litigation, Drug Use Testing, Elementary Secondary Education, Federal Courts
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Zirkel, Perry A. – Journal of Law and Education, 1995
Comments on an article in the Summer 1992 issue of this journal (EJ 454 315) in which Professor J. M. Sanchez examined 18 decisions regarding student searches and concluded that the "T.L.O." decision made it possible to practically expunge the Fourth Amendment from American public schools. Introduces article by Lawrence Rossow (EA 530…
Descriptors: Court Litigation, Elementary Secondary Education, Federal Courts, Privacy
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Rossow, Lawrence F. – Journal of Law and Education, 1995
In contrast with J. M. Sanchez's article in the Summer 1992 issue of this journal, suggests that the "T.L.O." decision marks the full-fledged beginning, not the virtual end, of Fourth Amendment privacy rights of students. (MLF)
Descriptors: Court Litigation, Elementary Secondary Education, Federal Courts, Privacy
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Lincoln, Eugene A. – Journal of Law and Education, 1989
In 1985 the United States Supreme Court concluded that the Fourth Amendment's prohibition against unreasonable searches and seizures does apply to public school officials. Offers some hypothetical examples for public school officials to consider regarding mandatory urine testing and the reasonable suspicion standard. (MLF)
Descriptors: Administrator Responsibility, Constitutional Law, Court Litigation, Drug Use
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Fischer, Thomas C. – Journal of Law and Education, 1993
Traces legal balance in "Tinker" between Constitutional rights of students and caveat that these rights were secure only as exercise did not "interfere" with disciplinary processes of school. Cites changing political landscape; free exercise and establishment of religion; and search and seizure. Concludes that students appear…
Descriptors: Board of Education Policy, Civil Rights, Court Litigation, Court Role
Mawdsley, Ralph D.; Mawdsley, Alice L. – 1988
This monograph traces the legal history of the conflict between constitutional rights of expression in the schools and school boards' control of education. Chapter 1 provides an introduction to the law and policy of free expression. Chapter 2 is a case study of "Kuhlmeier v. Hazelwood School District," in which a high school principal…
Descriptors: Academic Freedom, Administrator Role, Board of Education Role, Censorship
Van Dyke, Jon M.; Sakurai, Melvin M. – 1992
The Fourth Amendment protects an individual's justified expectations of privacy against unreasonable government intrusions; however, reasonable intrusions are allowed when legitimate governmental interests are served. This volume is intended to provide guidelines for school administrators on how to conduct searches and seizures in a manner…
Descriptors: Administrator Guides, Administrator Responsibility, Check Lists, Constitutional Law