ERIC Number: EJ711923
Record Type: Journal
Publication Date: 2005-Apr-1
Reference Count: N/A
Courtside: Constitutionalizing "Detentions"
Zirkel, Perry A.
Phi Delta Kappan, v86 n8 p639 Apr 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 certain length when public school officials are investigating a serious allegation of student misconduct. The court's recognition of the possible liability of school officials who did not act expeditiously enough to avert student violence and the resource-diverting effects of litigation to spell out the rules under the Constitution will resonate well with local practitioners, state policy makers, and special interests who have decried the over-legalization of education.
Descriptors: Court Litigation, Constitutional Law, Student Rights, Parent Rights, School Safety, Student Problems, Weapons, Discipline, Search and Seizure
Phi Delta Kappa International, Inc., 408 N. Union St., P.O. Box 789, Bloomington, IN 47402-0789. Web site: http://www.pdkintl.org.
Publication Type: Journal Articles; Reports - Descriptive
Education Level: Elementary Education
Authoring Institution: N/A
Identifiers - Location: Virginia
Identifiers - Laws, Policies, & Programs: Fourteenth Amendment; Fourth Amendment