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Dr. William Allan Kritsonis, School Law, Drug Testing, Student Dress and Grooming, Search and Seizure in Public Schools, Privacy Issues, Due Process, Discrimination, Diversity, Legal Procedures, Rights of Students and Employees. SELECTED PUBLICATIONS (Abbreviated List) for Dr. William Allan Kritsonis 2010 Kuklina, S. S., Butler, N. L. & Kritsonis, W. A. (2010).Uncomfortable Topics for Russian Students to Discuss during English Classes. Perfection of Foreign Language Teaching at Universities and Schools, 14. Vyatka State University of Humanities, Kirov, Russia Butler, N.L., Pirog, R., Elcome,C. & Kritsonis,W.A. (2010). Are Some Topics Uncomfortable for Polish Secondary School Learners to Discuss During English Classes? Perfection of Foreign Language Teaching at Universities and Schools, 14. Vyatka State University of Humanities, Kirov, Russia Miller, Q. & Kritsonis, W.A. (2010) Implementation of the Ways of Knowing through the Realms of Meaning as a Conceptual Framework in Professional Learning Communities As They Impact Strategic Planning in Education. National FORUM of Applied of Educational Research Journal, 23 (1&2) Stevenson, R.D. & Kritsonis, W.A. (2010) Utilizing the Six Realms of Meaning in Improving Campus Standardized Test Scores through Team Teaching and Strategic Planning. National FORUM of Applied Educational Research Journal, 23 (1&2) Thompson, C. & Kritsonis, W.A. (2010) Implementing the Ways of Knowing through the Realms of Meaning for Strategic Planning in K-12. National FORUM of Applied Educational Research Journal, 23 (1&2) (ERIC Document Reproduction Service No.ED506754) Ishaq, K. & Kritsonis, W.A. (2010) School Leadership Makes a Difference: A Sociological Perspective of Effective Strategic Planning and Integrating the Realms of Meaning Into School Improvement. National FORUM of Applied Educational Research Journal, 23 (1&2) Thompson, B. A. & Kritsonis, W. (2010) Making National, State, District, and Local Plans Work Using the Six Realms of meaning as it Relates to Strategic Planning in Educational Leadership. National FORUM of Applied Educational Research Journal, 23 (1&2 (ERIC Document Reproduction Service No.ED506733) Lewis, C. & Kritsonis, W.A. (2010) Educational Leaders Incorporating Ways of Knowing through the Realms of Meaning to Create Successful Strategic Plans for Public Schools. National FORUM of Teacher Education Journal, 23 (1&2) Doctor, T.L. & Kritsonis, W.A. (2010) Postmodernism and Ways of Knowing through the Realms of Meaning: New Answers to Lingering Problems. National FORUM of Applied Educational Research Journal, 23 (1&2) (ERIC Document Reproduction Service No.ED506757) Palmer, D. & Kritsonis, W.A. (2010) Strategic Planning in Schools: A View Through the Lends Of the Six Ways of Knowing through the Realms of Meaning. National FORUM of Applied Educational Research Journal, 23 (1&2) Miller-Williams, S. & Kritsonis, W.A. (2010) A Systems Approach to Comprehensive School Reform: Using the Realms of Meaning and the Baldridge Model as a Systems Framework. National FORUM of Applied Educational Research Journal, 23 (1&2) Gardiner, S.A., & Kritsonis, W.A. (2010) The Virtues of Postmodernism Electrified with the Use of Six Realms of Meaning in Strategic Planning. National FORUM of Applied Educational Research Journal, 23 (1&2) Diggs, D. & Kritsonis, W.A. (2010) Strategic Excellence Thorugh the Empowerment of Postmodernism and the Realms of Meaning. National FORUM of Applied Educational Research Journal, 23 (1&2) Blackbourn, J. M. & Kritsonis, W.A. (2010) The Question Every Teacher Educator Must Ask. National FORUM of Teacher Education Journal, 20 (1&2) Doctor, T.L. & Kritsonis, W.A. (2010) Postmodernism and Ways of Knowing through the Realms of Meaning: New Answers to Lingering Problems. National FORUM of Teacher Education Journal, 20 (1&2)
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Are They Legal in Public Schools?
William Allan Kritsonis, PhD
"[t]he right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated...."
This was the amendment that protected people from unreasonable search and seizures, including public school students.
• T.L.O. and a friend were accused of violating school rules by smoking cigarettes in a school lavatory, the latter, who admitted to smoking, was not brought to the office for a search. The Supreme Court of New Jersey decreed that the search of T.L.O.'s purse violated the Fourth Amendment. On appeal, in New Jersey v. T.L.O., the Supreme Court reversed in favor of the State of New Jersey (Russo).
• This was the case that laid the basic principles for student searches.
School officials must establish reasonable cause for believing that the student is violating or has violated a student rule or a law.
They must make sure that the search conducted is reasonable in scope in light of the age and sex of the student and the nature of the offense.
A school official may search the person of a student if the school official has reasonable
grounds to believe that the student is in possession of contraband. Search of the person shall be limited to the student's pockets, any object
in the student'spossession such as a purse, briefcase or backpack, and/or a "pat down" of
the exterior of thestudent's clothing. Searches of the person shall be conducted out of the presence of other
students and asprivately as possible. At least one, but not more than three additional
persons of the same sexas the student being searched shall witness but not participate in the search. The parent/guardian of any student searched shall be notified of the
search as soon asreasonably possible.
A locker search is simply the act of opening a locker and looking through its contents. Depending on the state, administration may choose to search one, several or all lockers. The search may begin when a drug dog indicates that there may be some contraband such as drugs in the locker, when a student reports concern of what another student may have in his locker, or when the administration calls for a random search.
Sniffer dogs can be used if they are sufficiently reliable to indicate reasonable suspicion that contraband is present.
Horton v. Goose Creek the court established that dogs could sniff students' cars and lockers, but could not sniff the students themselves for drugs.
In 1978 the Goose Creek Independent School District in Texas brought in drug-sniffing dogs in an attempt to deal with a rampant drug and alcohol problem. The dogs were trained to detect more than 60 different controlled and over-the-counter substances. On an unannounced and random basis, dogs were taken to all of the schools in the district to sniff the students' lockers and cars and were brought into the classrooms to sniff the students themselves. If a dog indicated that a car or locker had an illegal substance, the student was required to open the locker or vehicle for a search. If the dog indicated a student was carrying an illegal substance, he or she was brought into the school office to be searched.
Due to the personal intrusiveness of a drug test it is looked upon as a search.
Students athletes are subject to random drug tests.
Vernonia School District v. Acton was the case law that laid down the guidelines for drug testing.
The Student Activities Drug Testing Policy implemented by Pottawatomie County School District requires all students who participate in competitive extracurricular activities to submit to drug testing. This policy reasonably serves the school district's important interest in detecting and preventing drug use among its students, therefore the court held it as constitutional.
These devices are permissible in schools for student searches.
These devices are also used doing extra-curricular activities.
Students and parents must be notified that random student searches will occur.
Student searches are permissible as long as students’ Fourth Amendment rights are not violated.
Parents and students should be aware of random searches through the student code of conduct.
School officials have a responsibility to keep safe and secure environments for students and falculty.
