In an effort to safeguard the learning environment, school administrators generally rely on district or local school guidelines and professional judgment. With new technology, the proliferation of drug use, and increased school violence, schools have become a complex environment to manage for both system and local leadership. Administrators are…

The Fourth Amendment to the U.S. Constitution guarantees "the right of people to be secure in their persons, houses, papers and effects, against unreasonable searches and seizures" by governmental officials. In a 1985 Supreme Court decision, "New Jersey v. TLO," students' privacy rights in public schools are afforded a lower…

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)

Examines state and federal court decisions from 1985 to 1993 involving students' claims that their constitutional rights were violated by school officials who conducted searches without reasonable suspicion. Discusses what constitutes reasonable suspicion, information provided by student informants, and outcomes of the cases. (MLF)

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)

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)

Discusses the federal constitutional limits placed on school officials in various attempts to reduce crime in their schools. Describes searches of a student's person and belongings, school lockers, and the use of metal detectors. Possible pitfalls for schools in their efforts to reduce crime include due process requirements. (97 footnotes) (MLF)

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…

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…

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)

This paper--part of a collection of 54 papers from the 48th annual conference of the Education Law Association held in November 2002-- addresses juvenile justice. Its central issue is how to protect children of color in elementary and secondary schools with constitutional due process where attendance is compulsory and, at the same time, maintain a…

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…

This publication highlights and explains some 400 court cases from 2002 involving issues of school violence and safety. It is divided into four sections, or topics: (1) "The Fourth Amendment: Search and Seizure" (R. Mawdsley); (2) "Negligence" (W. Evans, Jr.); (3) "Assault on School Personnel" (M. Yates); and (4) "Drugs and Weapons in Schools" (M.…

Focusing on current United States Supreme Court decisions affecting the searching of students in school, this report also briefly examines the evolution of the right to education and student freedom of speech. Regarding search and seizure, since 1985 the Court has maintained that school officials are not exempt from the restrictions of the Fourth…