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Majestic, Ann L.; And Others – Executive Educator, 1995
Regarding school searches, courts have provided guidelines balancing individual students' rights against the larger school community's rights. Administrators are bound by the Fourth Amendment, which stresses reasonable grounds of suspicion and related circumstances. Strip searches, metal detectors, hidden cameras, and locker searches may meet…
Descriptors: Administrator Responsibility, Court Litigation, Legal Problems, Privacy
Peer reviewed Peer reviewed
Donahue, Simone A. – Update on Law-Related Education, 1991
Presents a lesson plan for teaching about gangs and the Fourth Amendment of the U.S. Constitution. Includes a handout and discussion questions and identifies sources for further reading. (SG)
Descriptors: Civil Liberties, Constitutional Law, Court Litigation, Juvenile Gangs
Peer reviewed Peer reviewed
Shepard, Jon – School Law Bulletin, 1993
In "New Jersey v. T.L.O.," the Supreme Court determined that public school searches must meet a two-pronged reasonableness standard. Search must be "justified at its inception" and be "reasonably related in scope to the circumstances." Examines factors that courts have found important in applying the T.L.O. standard.…
Descriptors: Court Litigation, Elementary Secondary Education, Federal Courts, Public Schools
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
Peer reviewed Peer reviewed
Ferraraccio, Michael – Journal of Law and Education, 1999
Asks whether proponents' justifications for using metal detectors to counteract school violence are compelling enough to override students' privacy interests. Concludes that there are serious constitutional concerns raised by using metal detectors. The rationale for upholding school searches in other contexts does not apply to metal-detector…
Descriptors: Court Litigation, Elementary Secondary Education, Privacy, Public Schools
Zirkel, Perry A. – Phi Delta Kappan, 2004
After being accused of sexually harassing a student, a high school math teacher in New York was suspended with pay pending an impartial hearing. The district allowed the teacher to return to his classroom to collect his personal effects, which he had kept in boxes, desk drawers, and three filing cabinets, one of which was locked. He did not…
Descriptors: Court Litigation, Constitutional Law, High School Teachers, Search and Seizure
Peer reviewed Peer reviewed
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Cunniff, Daniel T. – College Teaching Methods & Styles Journal, 2007
This paper addressed the need for continued awareness on the part of Educational Administrators as to their legal responsibilities as instructional leaders and custodians of the students under their supervision. Research revealed that school administrators unknowingly are violating the law everyday. Courts are keeping a close eye on school…
Descriptors: Civil Rights, Sexual Harassment, Courts, Court Litigation
Stefkovich, Jacqueline A. – 1992
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…
Descriptors: Federal Courts, High Schools, Public Schools, School Law
Peer reviewed Peer reviewed
Shanks, Michael D. – University of Cincinnati Law Review, 1975
One of the most controversial federal acts providing for random administrative searches is the Occupational Safety and Health Act of 1970 (OSHA). The author reviews the search and seizure law and concludes that abandonment of Fourth Amendment rights should not be predicated on the mere convenience of even a justifiable regulatory scheme. (JT)
Descriptors: Constitutional Law, Federal Legislation, Health Conditions, Legal Problems
Bacigal, Ronald J. – Akron Law Review, 1974
It appears that university officials will be forced to recognize a student's right to privacy in a dormitory room. (PG)
Descriptors: College Housing, Dormitories, Due Process, Higher Education
Peer reviewed Peer reviewed
Phay, Robert E.; Rogister, George T., Jr. – Journal of Law and Education, 1976
Discusses how the constitutional prohibition of unreasonable search and seizure applies to searches of students and their property by school officials, as indicated by recent court decisions. Most of the cases examined were decided by state courts, since federal courts have not generally been involved in this area. (JG)
Descriptors: Civil Liberties, Court Litigation, Elementary Secondary Education, School Law
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
Peer reviewed Peer reviewed
Zirkel, Perry A.; Reichner, Henry F. – Journal of Law and Education, 1986
Reviews history of the doctrine of "in loco parentis." Examines court opinions in which the doctrine has surfaced as an issue in the following areas of litigation: corporal punishment, student searches, school rules, correlative duties, and teacher-student relationship at the college level. Finds that the status and scope of the doctrine…
Descriptors: Corporal Punishment, Court Litigation, Due Process, Educational History
Peer reviewed Peer reviewed
Bartlett, Larry – Clearing House, 1986
Cautions that while the decision of the Supreme Court in "New Jersey vs. T.L.O." did affirm the authority of school officials to search students under some circumstances, it did not give them unfettered authority to search students. (FL)
Descriptors: Administrator Role, Court Litigation, Elementary Secondary Education, School Law
Bill of Rights Newsletter, 1974
Three cases dealing with reasonable searches and the exclusionary evidence rule form the basis of a classroom moot court acitivity. (Author/KM)
Descriptors: Civil Liberties, Court Litigation, Legal Education, Role Playing
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