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Torres, Mario S., Jr.; Stefkovich, Jacqueline A. – Educational Administration Quarterly, 2009
Purpose: A factor largely overlooked amid the press for greater security in schools is the extent to which law enforcement participates in search and seizure and the implications such actions carry for student civil liberties. As case law suggests, police engaged in school searches may be held to the probable cause standard or the more flexible…
Descriptors: Educational Environment, Law Enforcement, Police, Intervention
Washington State Legislature, Olympia. – 1970
This report points up the infringement on student constitutional rights by Washington State public schools. To remedy the situation, the report proposes State legislation guaranteeing the substantive rights of students. The proposed legislation is presented together with explanatory and supportive statements. A related document is EA 003 787. (JF)
Descriptors: Behavior, Court Litigation, Discipline, Discipline Policy
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Trosch, Louis A.; And Others – Journal of Law and Education, 1982
Argues that school administrators encounter conflicts with the Fourth Amendment when they conduct searches of high school students. Discusses the reluctance of the courts to hold school officials to Fourth Amendment standards; why the Fourth Amendment should apply nonetheless; and an analytical model of how school searches can be accomplished.…
Descriptors: Compliance (Legal), Court Litigation, Discipline Policy, Due Process
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Ornstein, Allan – Kappa Delta Pi Record, 1981
An overview of court rulings and legislation defining student rights. (Editor/SJL)
Descriptors: Court Litigation, Discipline Policy, Elementary Secondary Education, Freedom of Speech
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
Zirkel, Perry A.; Reichner, Henry F. – Phi Delta Kappan, 1987
The concept "in loco parentis" is discussed in relation to its historical place in education and its current status. The doctrine has expanded from its original idea of "restraint and correction" to figure significantly in court cases involving corporal punishment, student searches, school rules, correlative duties, and…
Descriptors: Corporal Punishment, Court Litigation, Discipline Policy, Educational History
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
Elliott, Delbert S.; Grady, Jane M.; Heys, Landa; Ntepp, Rhonda; Williams, Susan – Center for the Study and Prevention of Violence, 2002
Nationwide, schools, communities, parents and students recognize the continuing need to make schools a safe place, an environment where children can learn without fear for their safety. In the past few years, the available research on violence prevention has increased, providing legislators with important information about effective violence…
Descriptors: School Safety, Planning, Violence, Prevention
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Stader, David L. – Clearing House, 2002
Notes that students' legitimate expectations of privacy and school officials' need to maintain school discipline and safety often collide. Outlines guidelines for searching in the following instances: student lockers; drug dogs; student trips; strip searches; and urinalysis. Suggests that training for all administrators, faculty, and staff in the…
Descriptors: Court Litigation, Discipline Policy, Drug Use Testing, Management Development
Splitt, David A. – Executive Educator, 1986
Detection of drug users at school is a problem complicated by recent New Jersey court cases upholding students' privacy rights against mandatory medical examinations and search-and-seizure actions. Requiring confidential medical screening by private physicians for sports and other extracurricular activities is an alternative strategy offering…
Descriptors: Court Litigation, Discipline Policy, Drug Abuse, Elementary Secondary Education
Sendor, Benjamin – American School Board Journal, 1984
A current United States Supreme Court case will determine constitutional guidelines for school administrators in searching students for drugs and other school contraband. Thus far, the New Jersey Supreme Court has established a demanding standard for warrantless searches of students and their property, requiring respect for students'"valid…
Descriptors: Constitutional Law, Court Litigation, Discipline Policy, Elementary Secondary Education
National Association of Elementary School Principals, Arlington, VA. – 1981
This part of the School Management Handbook provides the elementary school administrator with an overview of civil rights issues affecting school discipline policy. The first section treats the requirements for providing due process and avoiding discrimination against minority groups when following disciplinary procedures. Section 2 covers…
Descriptors: Administrator Guides, Civil Rights, Corporal Punishment, Court Litigation
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Yell, Mitchell L. – Preventing School Failure, 1998
Reviews Supreme Court case, New Jersey v. T.L.O., that established the right of school officials to conduct searches of students when the purpose is to maintain discipline, order, and safety in the educational setting. The need to have reasonable grounds for suspicion before conducting the search is emphasized. (CR)
Descriptors: Behavior Disorders, Court Litigation, Discipline Policy, Discipline Problems
Vergon, Charles B., Ed. – 1989
The courts have come to play an increasingly important role in educational policy making and the administrative management of our public schools. This is especially apparent in the context of school discipline where numerous and varied controversies have been translated into legal disputes over the past three decades, many of which have ultimately…
Descriptors: Attendance, Behavior Problems, Discipline, Discipline Policy
Rubel, Robert J. – 1984
This paper presents a two-phase approach to drug prevention which can be implemented by the schools. Materials presented here describe aproaches taken by various schools or school districts nationwide. Phase One concerns board of education policies. The offenses of simple possession or use of a drug and possession with intent to sell are…
Descriptors: Board of Education Policy, Discipline Policy, Drug Abuse, Illegal Drug Use
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