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Sendor, Benjamin – American School Board Journal, 1985
A recent Florida court decision provides an example of a textbook case of an unconstitutionl student search. The key distinction from the "New Jersey vs. TLO" case (a student search found to be constitutional) is that the teacher who searched the students had no reasonable cause. (MD)
Descriptors: Constitutional Law, Court Litigation, Search and Seizure, Secondary Education
Sendor, Benjamin – American School Board Journal, 1985
A Supreme Court ruling of January 1985 reversed a New Jersey Supreme Court decision of March 1984, which found a student search violated the Fourth Amendment. The reversal by the Supreme Court leaves unanswered some important questions about school searches. (MD)
Descriptors: Court Litigation, Search and Seizure, Secondary Education, Student Rights
Sendor, Benjamin – American School Board Journal, 1988
Describes a Circuit Court of Appeals case concerning a middle school principal who was unfairly fired after making a controversial speech on inadequate school finances. Describes a search and seizure case involving a student's possession of a gun and drugs on campus. Urges school boards to know the law before taking action. (MLH)
Descriptors: Boards of Education, Court Litigation, Elementary Secondary Education, Legal Problems
Miller, John G. – American School Board Journal, 1972
Descriptors: Boards of Education, Crime, Discipline Problems, Police Action
Dowling-Sendor, Benjamin – American School Board Journal, 2000
In a Georgia case involving a strip-searched class of fifth- graders to locate some missing money ($26), a Federal Court judge concluded the searches were unreasonable. Although students won the constitutionality battle, they lost the war over liability and injunctive relief in a subsequent decision. (MLH)
Descriptors: Constitutional Law, Court Litigation, Elementary Education, Grade 5
Dowling-Sendor, Benjamin – American School Board Journal, 1998
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…
Descriptors: Discipline, Due Process, Federal Courts, High Schools
Sendor, Benjamin – American School Board Journal, 1987
Discusses two recent court cases highlighting the legal pitfalls facing mandatory drug testing programs for teachers and students. In both cases, the courts contended that blanket testing policies violated Fourth Amendment protection from unreasonable search and seizure. Testing of individual teachers and students (under reasonable suspicion) may…
Descriptors: Courts, Drug Abuse, Drug Use, Elementary Secondary Education
Dowling-Sendor, Benjamin – American School Board Journal, 2003
A decision by the 8th U.S. Circuit Court of Appeals in a case from Minnesota illustrates the difficulties schools face in deciding when and how to search a student for possible weapons or drugs. Case shows courts tend to give school officials a measure of flexibility when applying the law. Advises board members and administrators to consult with…
Descriptors: Court Litigation, Drug Use, Elementary Secondary Education, School Law
Sendor, Benjamin – American School Board Journal, 1996
When school employees investigate alleged misconduct by students, they must follow school rules and federal and state laws. A school-locker search in a recent case from Indiana--"S.A. versus State"--illustrates the importance of employees and students knowing the rules governing investigations, and of specific employees being given the…
Descriptors: Court Litigation, Elementary Secondary Education, Public Schools, School Law
Dowling-Sendor, Benjamin – American School Board Journal, 2000
A federal district judge dismissed a suit brought by two students against a high-school principal who found marijuana in their hotel room on a senior class trip. Although the Fourth Amendment governs searches of students by school employees, employees need not have probable cause for a "reasonable" search. (MLH)
Descriptors: Court Litigation, Discipline, Drug Use, Field Trips
Sendor, Benjamin – American School Board Journal, 1986
Reviews a recent case involving searches of student lockers from the Washington State Court of Appeals. According to this decision the Supreme Court's two criteria of reasonableness in student searches ("New Jersey v. T.L.O.") also apply to student lockers and may apply to searches of student desks, cars, and clothing. (MD)
Descriptors: Court Litigation, Due Process, Elementary Secondary Education, Illegal Drug Use
Sendor, Benjamin – American School Board Journal, 1986
In the "New Jersey vs. T.L.O." decision the Supreme Court clarified the law concerning student searches. Reviews two recent California cases illustrating how courts are interpreting the Supreme Court decision in a way that upholds reasonable student searches. (MD)
Descriptors: Civil Rights, Constitutional Law, Court Litigation, Crime
Sendor, Benjamin – American School Board Journal, 1983
Discusses the Fifth U.S. Circuit Court of Appeals' rewriting of its earlier decision in "Horton v. Goose Creek Independent School District" of Baytown (Texas), involving the use of dogs in school drug and liquor searches. Compares the decision with other circuits' conflicting rulings and suggests guidelines for using dogs. (RW)
Descriptors: Alcoholic Beverages, Civil Rights, Court Litigation, Due Process
Dowling-Sendor, Benjamin – American School Board Journal, 1997
A case involving a strip-search of two second-grade girls in Talledega, Alabama, was dismissed with an eight-to-three vote by the 11th Circuit Court. The court issued an opinion on only one question in the case: whether the employees involved were entitled to "qualified immunity." Advises administrators to be cautious and permit strip…
Descriptors: Civil Rights, Constitutional Law, Court Litigation, Federal Courts
Stelly, Philip – American School Board Journal, 1984
Discusses legal problems of a policy permitting the use of metal detectors to search students suspected of carrying concealed weapons. A wholesale search policy was challenged as a violation of students' rights, so the board adopted a selective search policy based on reasonable suspicion. (TE)
Descriptors: Board of Education Policy, Crime Prevention, Elementary Secondary Education, Legal Problems
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