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Fourth Amendment | 3 |
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National Association of Secondary School Principals, Reston, VA. – 1973
Although the law generally allows administrators to search lockers, this should not be viewed as a carte blanche right. Students do have some ownership rights, particularly with regard to other students. School officials are charged by the state with operating the schools and safeguarding the health, welfare, and safety of students and school…
Descriptors: Civil Liberties, Court Litigation, School Law, Search and Seizure
LaMorte, Michael W. – Phi Delta Kappan, 1976
Provides educators with scenarios or hypothetical fact patterns depicting issues that have potential for litigation. (Author)
Descriptors: Civil Liberties, Elementary Secondary Education, Legal Responsibility, School Law
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

Phay, Robert E.; Rogister, George T., Jr. – Journal of Law and Education, 1976
Discusses how the constitutional prohibition of unreasonable search and seizure applies to searches of students and their property by school officials, as indicated by recent court decisions. Most of the cases examined were decided by state courts, since federal courts have not generally been involved in this area. (JG)
Descriptors: Civil Liberties, Court Litigation, Elementary Secondary Education, School Law

Lincoln, Eugene A. – Urban Education, 1986
In New Jersey vs. T.L.O. (1985) the Supreme Court clarified and limited the student's Fourth Amendment rights against "unreasonable searches and seizures." When school officials act alone and on their own authority, they need not obtain a warrant but may conduct a search based on the lesser standard of "reasonableness." (LHW)
Descriptors: Civil Liberties, Civil Rights, Constitutional Law, Court Litigation
Splitt, David A. – Executive Educator, 1985
Washington's State Supreme Court held unconstitutional a secondary school's routine search of the luggage of all students participating in a school-sponsored overnight trip. Such general searches are not permitted, and schools can find other means of ensuring good student discipline. (PGD)
Descriptors: Civil Liberties, Court Litigation, Field Trips, Privacy
Hickok, Angelia B. – Tennessee Education, 1980
Although problems of drug abuse, bomb threats, theft, and concealed weapons sometimes make search and seizure necessary, the student's rights must be protected through proper legal procedures. The article presents guidelines for conducting locker and personal searches and for educating students, teachers, and administrators on student rights. (DS)
Descriptors: Civil Liberties, Discipline Policy, Due Process, School Law
Purtle, John I. – 1976
Students do not leave their constitutional rights at the boundary of the school grounds. We would never send anyone to prison without a trial; to a lesser degree, expulsions and suspensions are in the same category. Your due process procedures should at least give a student (1) notice of the charges, (2) opportunity to be heard, and (3)…
Descriptors: Civil Liberties, Discipline Policy, Due Process, Elementary Secondary Education
Greenberg, Robert E. – Security World, 1976
Discusses some of the primary questions raised by school security operations and suggests ways for school administrators to successfully deal with those questions within the context of school security and educational goals. Available from Security World Magazine, P.O. Box 272, Culver City, California 90230, single copy $2.00. (Author/JG)
Descriptors: Administrator Role, Civil Liberties, Confidential Records, Elementary Secondary Education
National School Safety Center, Malibu, CA. – 1995
With the alarming increase in drugs and weapons on American school campuses, teachers and school officials have stepped up their efforts to search lockers, other school property, and sometimes the students themselves. School officials must remember that any search of a student creates a Fourth Amendment issue. Thus, it is important to know the…
Descriptors: Civil Liberties, Compliance (Legal), Constitutional Law, Court Litigation
Beckham, Joseph C. – 1997
School administrators sometimes face circumstances in which student searches seem necessary in order to maintain discipline and provide a safe learning environment. This publication provides an overview of recent court cases related to student searches, in an effort to help school officials anticipate and avoid legal problems while they carry out…
Descriptors: Civil Liberties, Compliance (Legal), Constitutional Law, Court Litigation
Phay, Robert E.; Rogister, George T., Jr. – 1975
Although the Federal courts have not yet decided any cases involving search and seizure of student's property, various State courts have ruled that the Fourth Amendment protects students from "unreasonable" searches by school officials. However, the courts have generally applied a less stringent standard in justifying searches by school…
Descriptors: Administrative Policy, Civil Liberties, Court Litigation, Due Process
Bullock, Angela; Faber, Charles F. – 1989
A nationwide controversy over the right of privacy has arisen as a result of companies probing into their workers' habits and health through such means as mandatory drug tests, electronic databases, and lie detector tests. The legal claims arising from these civil suits against employers for invasion of privacy have established precedents that are…
Descriptors: Civil Liberties, Constitutional Law, Court Litigation, Elementary Secondary Education
Stephens, Ronald D., Ed. – 1988
The increased presence of drugs and weapons in schools has forced school officials to step up searches of students, lockers, and school property. The landmark case of "New Jersey vs. TLO" set standards concerning reasonable suspicion and reasonable searches. School officials must be familiar with recent court opinions on student…
Descriptors: Civil Liberties, Civil Rights, Constitutional Law, Discipline Policy
Graul, Donald; Jones, J. William – 1976
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…
Descriptors: Civil Liberties, Court Litigation, Dress Codes, Due Process
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