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…

Focuses on the U.S. Bill of Rights Fourth Amendment discussing what it means related to current technological advances, such as automobiles and computers. Provides information on court cases relevant to the Fourth Amendment, such as Atwater v. City of Lago Vista and City of Indianapolis v. Edmond. Lists ideas for learning activities. (CMK)

In 1985 the United States Supreme Court concluded that the Fourth Amendment's prohibition against unreasonable searches and seizures does apply to public school officials. Offers some hypothetical examples for public school officials to consider regarding mandatory urine testing and the reasonable suspicion standard. (MLF)

Examines 15 cases dealing with dormitory searches covering a 31-year period to determine how the Fourth Amendment applies to dormitory searches. The prevailing consensus is that if a university says and thinks it has the right to conduct a search of a room for health, safety, and maintenance reasons, then, in most circumstances, it has this right.…

Before electing to utilize metal-detection devices for random weapons searches of students, school districts should be prepared for the possibility of having to litigate the legality of their policies. Reviews the limited case law on the subject, and offers recommendations to districts that decide to proceed with the development of such a policy.…

Describes how and why enemies are created in pursuit of school security. Shows how administrators, with the judicial system's assistance, have applied that process to certain types of students to justify school officials' increasingly intrusive searches for a wide range of infractions. Suggests alternative approaches. (25 references) (MLH)

Public concern about substance abuse, fueled by political and media attention, is causing school administrators to consider a variety of approaches beyond traditional drug education. No procedures, methods, or rules regarding drug testing should be established in the absence of clear school board policy, and no policy decisions should be made…

The present state of litigation on search and seizure will permit the warrantless search of a school locker by a school official who has reasonable suspicion that it contains something illegal, if he acts without the intrusion of the police. From the first and last search cases cited herein, it is abundantly clear that school officials exceed…

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)…

This fourth volume of the Legal Problems of Education Series discusses counselor liability, search and seizure of student property, and student records. It is organized into ten chapters concentrating on confidentiality, slander and libel, inspection and release of student records, use of records in court, search of students, search of property,…

Statutory laws, case laws, and model laws have been provided in this report as a basis for comparing Mississippi's juvenile laws with other juvenile laws. Since legislation concerning juvenile courts is vast, complete legislation is only provided for the State of Mississippi and two model juvenile court acts. Discussion, however, is provided which…

Courts generally rule against drug testing of public employees. A urine sample represents "unreasonable search" under the Fourth Amendment. Testing unreliability was illustrated in "Jones v. McKenzie." Factual, "reasonable suspicion" must exist for judicial approval. Tests do not resolve employee drug abuse;…

Offers an eight-day unit on search and seizure for high school students. Includes condensed versions of famous court decisions, teaching materials, and day-by-day teaching procedures. (JDH)

In New Jersey v. T.L.O., a case argued in 1984, the Supreme Court was asked to decide whether incriminating evidence found by a school assistant princial during the search of a student's purse can be used in a criminal trial. Issues, facts, background, and arguments of the case are provided. (RM)

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)