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…

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)

Focuses on the recent application and interpretation of the Fourth Amendment to school children. Discusses the amendment in regard to the relationship between school authorities and children, students' legitimate expectation of privacy, reasonableness in justification of a search, issues of mass mandatory screening, and requirements of due process…

Examines whether Fourth Amendment of United States Constitution applies to relationship between student athlete and educational institution and whether drug testing is illegal search and seizure in violation of the amendment. Suggests that institutions strike an appropriate balance between helping student athletes protect their own health, while…

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)

The standards and commentary in this volume are part of a series designed to cover the juvenile justice system and its relationship to the rights and responsibilities of juveniles. This volume on public education is addressed to legislators, courts, lawyers, educators, parents, students, and the general public. The volume proposes standards…

Focuses on judicial reception of schools' attempts to curb violence, particularly predatory violence and psychopathological violence. School responses have been to create violence-prevention policies based on punitive measures or punish offending behavior after it has occurred. Such reactions may result in finding that schools have abridged…

Cases arguing about the use of school facilities by religious groups continued to increase in number in 1990; however cases involving home instruction and student searches declined. In the school desegregation section, the financing of desegregation plans occupied the attention in most cases. Increasingly, desegregation cases focus less on…

Cases involving searches of public school pupils in order to obtain evidence of drug sales or use, and litigation challenging the punishments meted out to students found with drugs, continued to occupy the attention of courts in 1989. Also continuing a trend seen in previous years, religion-based challenges to state regulation of both home…

Court decisions in 1988 expanded the power of school boards to set policies regarding the operation of the public schools. Cases are discussed under the following sections: (1) public school assignment, tuition, transportation, home instruction, and compulsory attendance; (2) private and parochial schools; (3) substantive rights of students,…

The sharp increase in the number of cases that involve school antidrug policies continued in 1987. Courts continued to support school policies that contain an automatic suspension or expulsion penalty for school drug possession. First Amendment religious cases also continued to increase in number. A new grouping of cases under the heading…

This book is intended to be used as a reference for schools that seek to create drug free educational environments and to discourage all forms of substance abuse by students and personnel. The publication examines pertinent legal principles, including search and seizure, drug testing (for students, athletes, and employees), due process and…

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…

Search and seizure in the public schools has long been a problem for both school authorities and law-enforcement officers. Students have also been known to have been deprived of their constitutional rights. Much of the problem stems from a lack of clarity in the application of the Fourth Amendment to the school setting. This monograph was written…