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Gambrill, Chris – ProQuest LLC, 2013
Research in the field of out-of-school suspension and expulsion in K-12 public schools is limited when focusing on violence, due process, weapons, drugs and alcohol, and search and seizure. Understanding the role of an administrator when dealing with out-of-school suspension an expulsion led the researcher to develop the following question: What…
Descriptors: Court Litigation, Expulsion, Suspension, Elementary Secondary Education
Zirkel, Perry A. – Phi Delta Kappan, 1998
In a California case involving a 16-year-old girl's possession of three knives on school grounds, both a trial and Ninth Circuit court affirmed the school vice-principal's right to search and discover these weapons while enforcing a no-smoking policy. The court lectured parents and lawyers for wasting the court's time--especially after a juvenile…
Descriptors: Civil Liberties, Court Litigation, High Schools, Misconceptions
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
Zirkel, Perry A. – Phi Delta Kappan, 2005
This analysis of a November 2001 case in Botetourt County, Virginia, looks at whether the Fourth Amendment right against an unreasonable "seizure" or the 14th Amendment "liberty" for parents to control the care and custody of their children requires a ban on, or at least immediate notification regarding, detentions of a…
Descriptors: Court Litigation, Constitutional Law, Student Rights, Parent Rights

Johnson, Robert S. – Journal of Law and Education, 2000
Disagrees with Ferraraccio's views and argues that: (1) students do bring illegal weapons to school; (2) metal detectors do detect weapons and help schools to disarm students; (3) disarming students reduces the threat of violence; and (4) courts have repeatedly approved the constitutionality of weapon-related suspicionless student searches…
Descriptors: Court Litigation, Elementary Secondary Education, Federal Courts, Prevention
Wood, R. Craig; Chestnutt, Mark D. – West's Education Law Quarterly, 1995
Discusses the federal constitutional limits placed on school officials in various attempts to reduce crime in their schools. Describes searches of a student's person and belongings, school lockers, and the use of metal detectors. Possible pitfalls for schools in their efforts to reduce crime include due process requirements. (97 footnotes) (MLF)
Descriptors: Civil Rights, Court Litigation, Crime, Due Process
Stephens, Ronald D., Ed. – 1988
The increased presence of drugs and weapons in schools has forced school officials to step up searches of students, lockers, and school property. The landmark case of "New Jersey vs. TLO" set standards concerning reasonable suspicion and reasonable searches. School officials must be familiar with recent court opinions on student…
Descriptors: Civil Liberties, Civil Rights, Constitutional Law, Discipline Policy
Blumberg, Jonathan A.; Dowling, Ruth T.; Horton, Janet L.; Howie, Margaret-Ann F.; Majestic, Ann L.; Schwartz, Richard A.; Shaw, Brian C.; Smith, Bruce W. – 1995
This publication contains articles that focus on the legal issues that confront schools when they use various means to maintain order and safeguard student well being, and examine the liability that may be imposed if they fail to do so. Following the foreword and the introduction, the articles include: (1) "Legal and Policy Issues in Curbing…
Descriptors: Civil Liberties, Civil Rights, Compliance (Legal), Constitutional Law
Russo, Charles J., Ed.; Mawdsley, Ralph D., Ed. – 2002
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.…
Descriptors: Accountability, Court Litigation, Courts, Elementary Secondary Education