Discusses two recent court cases highlighting the legal pitfalls facing mandatory drug testing programs for teachers and students. In both cases, the courts contended that blanket testing policies violated Fourth Amendment protection from unreasonable search and seizure. Testing of individual teachers and students (under reasonable suspicion) may…

Every year, a few administrators mishandle school searches and create spectacles similar to the New Castle, Pennsylvania, incident involving six illegally strip-searched students. Principals using "cops-and-robber" techniques to unearth contraband may not realize the potential for infringing on students' constitutional privacy rights.…

Discusses case law regarding schools and strip searches of students, and offers five generalizations regarding the matter. (SR)

Presents an essay examining homeless shelter residents' freedom from unreasonable searches. Reviews the historical background of the Fourth Amendment's ban on unreasonable search and seizure. Explores factors considered when determining what is "reasonable." Analyzes the concepts of standing, what constitutes a home, and consent.…

In examining student searches from a critical theory perspective, one considers who is being searched, who does the searching and by what authority, and how searching reinforces existing power structures. This article addresses these questions and related concepts (discipline, criminal/deviant behavior, punishment, and rehabilitation) by applying…

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)

One of a series designed to help Florida school districts provide special programs for exceptional children, the training packet is intended to be used in a 2-day training session for school bus drivers who transport handicapped students. The manual includes a brief introduction to five disability areas (physical impairments, visual impairments,…

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…

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…

Concerns over students' and staff members' safety in public schools continue to mount-- manifested in zero-tolerance policies, stringent disciplinary practices, and efforts to implement drug-screening programs. Although "reasonable suspicion" for searches and drug testing is the watchword, courts cannot agree on definitions. Legalities…

The purpose of the paper is to discuss (chronologically) the history of student rights by analyzing and synthesizing judicial decisions and assessing the future implications the student rights' movement has for educators, noting that the landmark Supreme Court case providing judicial approval for the procedural rights of students was Gault v.…

Describes how and why enemies are created in pursuit of school security. Shows how administrators, with the judicial system's assistance, have applied that process to certain types of students to justify school officials' increasingly intrusive searches for a wide range of infractions. Suggests alternative approaches. (25 references) (MLH)

This fourth volume of the Legal Problems of Education Series discusses counselor liability, search and seizure of student property, and student records. It is organized into ten chapters concentrating on confidentiality, slander and libel, inspection and release of student records, use of records in court, search of students, search of property,…

Discusses legal problems of a policy permitting the use of metal detectors to search students suspected of carrying concealed weapons. A wholesale search policy was challenged as a violation of students' rights, so the board adopted a selective search policy based on reasonable suspicion. (TE)

Presents the majority and the dissenting opinions of the Supreme Court justices in their 1978 decision regarding the 1971 police search of the Stanford University student newspaper office. (GT)