NSBA Legal Clips
Archived entries for student rights

Kentucky Supreme Court rules student was entitled to Miranda warnings before questioning by assistant principal in the presence of school resource officer

The Kentucky Supreme Court, in 4-3 split, rules that a high school student, who was detained in the school office for questioning by an assistant principal regarding giving prescription drugs to a classmate in the presence of a school resource officer, was entitled to Miranda warnings before the school official began the questioning, and therefore any incriminating statements elicited from the student are subject to suppression in a subsequent juvenile proceeding.

Continue reading...

Federal appeals court rules school nurse has qualified immunity in suit over medically motivated examination of student’s genitals

The Sixth Circuit Court of Appeals (MI, OH, KY, TH) has ruled that a school nurse, who conducted a medically motivated visual examination of the vaginal area of a 6 year old student, was entitled to qualified immunity from a suit alleging the nurse’s examination constituted an unreasonable search in violation of the student’s Fourth Amendment rights, because the right was not clearly established.

Continue reading...

Federal appeals court finds Kentucky out-of-district student entitled to Goss hearing prior to removal and cell phone search unconstitutional

The Sixth Circuit ruled that a school district violated an out-of-district student’s due process rights when it removed him from school without providing him with a pre-expulsion hearing, and violated his search and seizure rights when a school administrator viewed text messages on his cell phone that had been properly confiscated.

Continue reading...

Federal appellate court upholds injunction permitting distribution of Pennsylvania student’s Christmas party invitation

A three-judge panel of the U.S. Court of Appeals for the Third Circuit has ruled that a Pennsylvania elementary school student is entitled to a preliminary injunction barring a school district from enforcing its materials distribution policy that prohibits the student from distributing to classmates flyers produced by a local church promoting a Christmas party.

Continue reading...

Federal appellate court rules Missouri district’s use of drug dogs to screen student property is not unreasonable seizure

A three-judge panel of the U.S. Court of Appeals for the Eighth Circuit has ruled that a school district’s procedure for using drug dogs to survey areas of a school, including sniffing students’ personal belongings when not in their possession during the drug survey, did not violate a student’s Fourth Amendment seizure rights.

Continue reading...

Michigan district defend students’ journalistic freedom while some parents complain

The Ticker reports that although a recent article in the Traverse City Central High School’s Black & Gold newspaper has upset some parents, school district officials say the controversy presents a learning opportunity for students who worked on the paper.

Continue reading...

New Jersey district scraps “24/7″ student conduct policy

The Courier-Post reports that the Haddonfield School Board has voted to eliminate the “24/7” student-conduct policy at Haddonfield Memorial High School.

Continue reading...

Massachusetts students sue to reverse school suspensions based on breathalyzer results

According to the Boston Globe, two Weymouth High School students are suing the Massachusetts local school system in state court over their breathalyzer-related suspensions after a homecoming dance.

Continue reading...

Utah administrator confiscates “I ♥ boobies” bracelet from student; deemed too risque for classroom

The Salt Lake Tribune reports that an administrator at Westridge Elementary School in Provo, Utah, confiscated a cancer awareness bracelet from a student that contained the message “I ♥ boobies” and was deemed too risque for the classroom.

Continue reading...

Alabama federal district court rules that claims of excessive use of force made by students maced by SROs can go forward

An Alabama federal district court has ruled that the Fourth and Fourteenth Amendment claims made by several students for being subjected to chemical spray (mace) by school resource officers for minor nonviolent rules infractions are for a jury to resolve. The court also ruled that a student had stated valid constitutional claims against a school administrator for use of excessive force and excessive corporal punishment.

Continue reading...

Page 1 of 812345...Last »

 



NSBA

Copyright © National School Boards Association. All rights reserved.
1680 Duke Street, Alexandria, VA 22314
Phone: (703) 838-6722 Fax: (703) 683-7590 E-mail: info@nsba.org

RSS Feed.