NCJ Number
152682
Journal
Children's Legal Rights Journal Volume: 14 Issue: 3-4 Dated: (Summer/Fall 1993) Pages: 28-33
Date Published
1993
Length
6 pages
Annotation
The maintenance of a safe environment for New Jersey's public school students raises unsettled constitutional issues with respect to search and seizure, the use of metal detectors, gang violence, and the affirmative duty of schools to protect students.
Abstract
The New Jersey Legislature specifically requires school officials to maintain order, safety, and discipline. Reasonable force may be used when necessary to quell disturbances and to confiscate weapons from students. School authorities may also inspect student lockers as long as students are informed in writing at the beginning of each school year that inspections may occur. Further, students believed to be under the influence of contraband drugs may be subjected to an immediate medical examination. Constitutional implications of preserving student safety have been addressed in various court decisions in New Jersey and elsewhere that focus on search and seizure, probable cause, and reasonableness. In the legislative arena, most New Jersey school districts have signed the Model School Agreement that creates uniform guidelines for law enforcement activity on school premises. Constitutional considerations related to the use of metal detectors in public schools, gang symbols and gang violence, freedom of speech, and the affirmative duty of schools to protect students are discussed. 52 endnotes