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…

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…

In a case involving questionable canine search-and-seizure practices, a circuit court upheld a school board's decision to terminate a teacher's contract. While touting zero tolerance, the board fired an honored teacher 3 years from retirement who may not have known about the marijuana cigarette in her car. (MLH)

The Supreme Court in 1985 first addressed the issue of balance between a student's right to privacy as stated in the Fourth Amendment and school officials' need to maintain safety. This chapter summarizes the case, explores the meaning of the court opinion, and briefly discusses other issues. The case involved a 14-year-old girl (T.L.O.) whose…

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…

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)

This state-of-the-knowledge paper, a companion to the author's 1975 monograph on a similar topic, examines the legal ramifications of student suspension, expulsion, and search and seizure of students' property. The author reviews relevant court litigation and state laws pertaining to specific rules on student conduct, the procedures to follow in…

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…

This report examines some of the changes taking place in the schools as a result of a growing recognition by the courts, as well as by parents and educators, that "students are persons." The author discusses recent developments affecting student rights, student responsibilities, and student participation in school governance. Discussed are…

These guidelines describe areas of concern as indicated by recent litigation, questions received from local school districts, and complaints received from parents and students. They also present, as a frame of reference, the status of current school law where and as it applies to the area of students' rights and responsibilities. The document is…

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…

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.…

To assist administrators in understanding procedural due process rights in student discipline, this manual draws together hundreds of citations and case summaries of federal and state court decisions and provides detailed commentary as well. Chapter 1 outlines the general principles of procedural due process rights in student discipline, such as…