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ERIC Number: ED337895
Record Type: RIE
Publication Date: 1990-Nov
Pages: 38
Abstractor: N/A
Reference Count: 0
Legal Guidelines for Permissible Student Searches in the Public Schools.
Aldridge, John S.; Wooley, John A.
Legal guidelines to help public school administrators make informed choices in situations that may require student searches are provided in this paper. The constitutional basis of the issue is first discussed, noting that school officials are not required to obtain a search warrant or to have probable cause. A review of Supreme Court decisions that demonstrate the two-part test for reasonable search--reasonable suspicion and the scope of search--is presented next. Specific issues that are addressed include searches based on hunches, group searches, informing parties, student consent, locations, police involvement, drug testing, and liability. A conclusion is that the Supreme Court has granted school districts much flexibility in maintaining discipline; however, administrators are cautioned to meet Fourth Amendment guidelines and to ensure fulfillment of the two-part test. Tips for conducting a successful student search are provided. (LMI)
Publication Type: Legal/Legislative/Regulatory Materials; Guides - Non-Classroom; Speeches/Meeting Papers
Education Level: N/A
Audience: N/A
Language: English
Sponsor: Office of Elementary and Secondary Education, Washington, DC. School Improvement Programs.
Authoring Institution: Southwest Texas State Univ., San Marcos. Center for Initiatives in Education.
Identifiers: Student Searches
Note: Paper presented at the Annual Meeting of the National Organization on Legal Problems of Education (37th, San Antonio, TX, November 1990).