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Murray, Kenneth T. – 2002
This paper examines the practice of search and seizure from a legal perspective. All issues concerning lawful or unlawful search and seizure, whether in a public school or otherwise, are predicated upon the Fourth Amendment to the United States Constitution. The terms "search,""seizure,""probable…
Descriptors: Constitutional Law, Court Litigation, Elementary Secondary Education, Federal Courts
Peer reviewed Peer reviewed
Zirkel, Perry A. – Journal of Law and Education, 1995
Comments on an article in the Summer 1992 issue of this journal (EJ 454 315) in which Professor J. M. Sanchez examined 18 decisions regarding student searches and concluded that the "T.L.O." decision made it possible to practically expunge the Fourth Amendment from American public schools. Introduces article by Lawrence Rossow (EA 530…
Descriptors: Court Litigation, Elementary Secondary Education, Federal Courts, Privacy
Peer reviewed Peer reviewed
Rossow, Lawrence F. – Journal of Law and Education, 1995
In contrast with J. M. Sanchez's article in the Summer 1992 issue of this journal, suggests that the "T.L.O." decision marks the full-fledged beginning, not the virtual end, of Fourth Amendment privacy rights of students. (MLF)
Descriptors: Court Litigation, Elementary Secondary Education, Federal Courts, Privacy
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
Baker, Kelley – 1983
The author traces the history of the applicability to students of the Fourth Amendment, which defines search and seizure of person or property to be illegal without a valid search warrant supported by probable cause. Various court decisions have affirmed students' constitutional rights, but Louisiana is the only state that has held, in a decision,…
Descriptors: Court Litigation, Due Process, Elementary Secondary Education, Federal Courts
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
Sendor, Benjamin – American School Board Journal, 1985
Reviews four recent cases decided in state and federal courts. The cases focused on due process in student suspensions, the use of unlawfully obtained evidence in disciplinary hearings, unacceptable methods for handling personnel conflicts, and the application of voluntary affirmative action policies during periods of staff reduction. (PGD)
Descriptors: Affirmative Action, Court Litigation, Dismissal (Personnel), Due Process
Van Dyke, Jon M.; Sakurai, Melvin M. – 1992
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…
Descriptors: Administrator Guides, Administrator Responsibility, Check Lists, Constitutional Law
Lufler, Henry S., Jr. – 1986
This paper examines what is known about the link between court decisions and changing school discipline practices; proposes a variety of studies to add to knowledge in this area; and contains suggestions on ways that research findings can be used to improve the ongoing legal education of school personnel. The complex nature of some of the Supreme…
Descriptors: Adoption (Ideas), Behavior Change, Compliance (Legal), Court Litigation
Lufler, Henry S., Jr. – 1987
This third chapter of "The Yearbook of School Law, 1986" summarizes and analyzes state and federal court decisions handed down in 1985 affecting the legal rights of students in elementary and secondary schools. Among the topics examined are public school pupil assignment, tuition, transportation, compulsory attendance, and bilingual and bicultural…
Descriptors: Athletics, Bilingual Education, Court Litigation, Desegregation Litigation
Gehring, Donald D.; Young, D. Parker – 1978
A review of 1977 cases that involved students and institutions of higher education indicates that students seem to be more concerned with their rights as educational consumers. The majority of cases concern controversies focusing on classroom and academic evaluation and treatment of students; receipt of various forms of financial aid; use of…
Descriptors: Athletics, Civil Rights, College Admission, College Students
Russo, Charles J., Ed.; Polansky, Harvey, Ed.; Wood, R. Craig, Ed. – 2001
This book provides school business administrators with an introduction to a variety of legal issues relevant to their professional roles. The book is divided into three major sections: management issues, employment issues, and constitutional issues. The topics covered in the seven-chapter section on management issues include board and district…
Descriptors: Board of Education Policy, Charter Schools, Constitutional Law, Contracts
Jones, Thomas N., Ed.; Semler, Darel P., Ed. – 1986
A wide variety of contemporary legal issues, involving all levels of public and private education, are addressed in the 20 separate chapters comprising this volume. The titles and authors of the chapters are as follows: (1) Due Process of Law: Loudermill v. Cleveland Board of Education (Hooker); (2) Schools, Technology and the Law (Helm); (3)…
Descriptors: Administrative Policy, Administrators, Censorship, Cheating