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Majestic, Ann L. – School Law Bulletin, 1985
Discusses the Supreme Court's findings affecting searches by schools in "New Jersey vs. T.L.O.," reviews earlier school search cases, and explores the factors and circumstances the courts have considered in applying the "reasonableness" standard for assessing when a school's need for maintaining order outweighs a student's…
Descriptors: Constitutional Law, Court Litigation, Elementary Secondary Education, Privacy

McKay, John – Arkansas Law Review, 1979
When Congress reasonably decides that warrantless administrative inspections are necessary to effectuate its acts, and the acts provide privacy safeguards as effective as those provided by a judicially issued administrative search warrant, Congress's decision should be respected. Available from Arkansas Law Review, School of Law, University of…
Descriptors: Administrative Agencies, Civil Liberties, Federal Regulation, Industry

Shipley, David E. – Ohio State Law Journal, 1979
Four distinct classes of cases are the recognized exceptions to the requirement of warrants for searches: emergency inspections, plain view, consensual, and the "Colonnade-Biswell" exception for pervasively regulated industries. Available from the Ohio State University School of Law, 1659 North High Street, Columbus, Ohio 43210; $3.50…
Descriptors: Administrative Agencies, Civil Liberties, Federal Regulation, Industry
Flygare, Thomas J. – Phi Delta Kappan, 1985
Reviews the United States Supreme Court's findings in "New Jersey vs. T.L.O.," a case hinging on the reasonableness of a school official's search of a student's purse. Cites several issues that remained unresolved after the decision and argues that the court could have been more helpful. (PGD)
Descriptors: Civil Liberties, Court Litigation, Elementary Secondary Education, Privacy
Majestic, Ann L.; And Others – Executive Educator, 1995
Regarding school searches, courts have provided guidelines balancing individual students' rights against the larger school community's rights. Administrators are bound by the Fourth Amendment, which stresses reasonable grounds of suspicion and related circumstances. Strip searches, metal detectors, hidden cameras, and locker searches may meet…
Descriptors: Administrator Responsibility, Court Litigation, Legal Problems, Privacy

Donahue, Simone A. – Update on Law-Related Education, 1991
Presents a lesson plan for teaching about gangs and the Fourth Amendment of the U.S. Constitution. Includes a handout and discussion questions and identifies sources for further reading. (SG)
Descriptors: Civil Liberties, Constitutional Law, Court Litigation, Juvenile Gangs

Ferraraccio, Michael – Journal of Law and Education, 1999
Asks whether proponents' justifications for using metal detectors to counteract school violence are compelling enough to override students' privacy interests. Concludes that there are serious constitutional concerns raised by using metal detectors. The rationale for upholding school searches in other contexts does not apply to metal-detector…
Descriptors: Court Litigation, Elementary Secondary Education, Privacy, Public Schools
Zirkel, Perry A. – Phi Delta Kappan, 2004
After being accused of sexually harassing a student, a high school math teacher in New York was suspended with pay pending an impartial hearing. The district allowed the teacher to return to his classroom to collect his personal effects, which he had kept in boxes, desk drawers, and three filing cabinets, one of which was locked. He did not…
Descriptors: Court Litigation, Constitutional Law, High School Teachers, Search and Seizure
Sendor, Benjamin – American School Board Journal, 1987
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…
Descriptors: Courts, Drug Abuse, Drug Use, Elementary Secondary Education
Trotter, Andrew – Executive Educator, 1995
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.…
Descriptors: Administrator Responsibility, Court Litigation, Legal Problems, Principals

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

Bailey, Kirk A. – Psychology in the Schools, 2001
Discusses how predicting violent activity with a youth violence profile in school raises legal concerns focusing on the validity and use of profiles as social science evidence: the impact of potential discrimination, search and seizure, and the implications for privacy. Argues that these issues rest on fundamental concerns about the general…
Descriptors: Legal Responsibility, Predictive Measurement, Privacy, Schools
Zirkel, Perry A. – Phi Delta Kappan, 1999
By upholding a student's refusal to provide a urine sample, the Seventh Circuit Court correctly avoided further erosion of the Fourth Amendment's privacy principle. In "New Jersey v T.L.O." (1995), the U.S. Supreme Court shrunk the probable-cause standard to reasonable suspicion in the special context of public schools, retaining the…
Descriptors: Court Litigation, Drug Use Testing, High Schools, Privacy

Journal of Law and Education, 1996
The Supreme Court, in "Vernonia School District 47J versus Acton," ruled that a school district's policy authorizing random urinalysis drug testing of student-athletes did not violate the Fourth Amendment. Discusses the decision and why such a policy is permissible under the Fourth Amendment's prohibition against unreasonable searches…
Descriptors: Athletes, Court Litigation, Drug Use Testing, Extramural Athletics
Miller, Thomas E.; And Others – Southern College Personnel Association Journal, 1979
Reviews court decisions concerning search and seizure, intervisitation between sexes, canvassing and solicitation, and damage assessments. College administrators must rely on fairness, ethics and sound educational philosophies in the design of policies affecting residence halls. (JAC)
Descriptors: Administrators, College Housing, Compliance (Legal), Court Litigation