Law Commons^™

Constitutional Issues Surrounding Student Possession And Use Of Cell Phones In Schools, Ralph Mawdsley, Charles Russo

Charles J. Russo

Constitutional challenges to limits on the possession and/ or use of cell phones in schools present potential claims involving the Fourth Amendment rights of students to privacy and to be free from unreasonable searchesalong with parental Fourteenth Amendment Liberty Clauserights to direct the education and upbringing of their children. However, as reflected in this article, as long as educational officials enact policies in line with state laws that are explicitly designed to enhance school safety, challenges filed by students and their parents are probably destined to fail because constitutional claims are likely to be outweighed by concerns for the greater …

Searches, Seizures And Drug Testing Procedures: Balancing Rights And School Safety, 1st Edition, Ralph Mawdsley, Charles Russo

Charles J. Russo

No abstract provided.

Searches, Seizures And Drug Testing Procedures: Balancing Rights And School Safety, Second Edition, Ralph Mawdsley, Charles Russo

Charles J. Russo

This authoritative resource examines reasonable student and employee searches and seizures — along with proper drug-testing protocol. Practical recommendations and working guidelines provide essential benchmarks for balancing student and employee privacy rights with school safety — to help you:

• Understand the implications of — and methods available for — searching personal property and employees' computers
• Create legally sound drug-testing policies
• Know what constitutes permissible student and staff searches — and what doesn't
• And more!

Guest View: In Defense Of Student Privacy, Richard J. Peltz-Steele

Richard J. Peltz-Steele

Privacy is another American value we rush to sacrifice on the altar of accountability. In Ohio, reporters swarm the yards of liberated kidnapping victims. And in Massachusetts, news trucks besiege the campus at UMass Dartmouth, where I work, and where marathon bombing suspect Dzhokhar Tsarnaev was a student. Media want to know everything about Tsarnaev and his college friends. The university, bound by federal privacy law, has refused access to student academic and financial aid records.

Institutes Of Higher Education, Safety Swords, And Privacy Shields: Reconciling Ferpa And The Common Law, Stephanie D. Humphries

Stephanie D Humphries

In light of the Virginia Tech shootings, this Note argues that both FERPA and the common law contain internal tensions regarding safety and privacy that neither Congress nor the courts have adequately reconciled, and that important discrepancies regarding information sharing exist between IHEs' practices, the common law's demands, and FERPA's limitations.

Part I provides background on FERPA and argues that FERPA's emergency exception is too narrow and confusing, so that IHEs default to the nondisclosure option rather than disclosing information to third parties, such as parents, when students threaten to harm themselves or others. At the same time, FERPA's tax …