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A federal circuit court maintained that the search and the ordering of a medical assessment were legal and that the school’s policy requiring written reports about student searches was constitutional.
THE VIRGINIA SCHOOL SEARCH RESOURCE GUIDE AT A GLANCE I. School Searches: The Basics This Chapter provides basic, concisely stated definitions and legal principles relative to school searches. These “Basics” are cross-referenced to applicable provisions which are more fully discussed in Appendix A. II.
Through an analysis of relevant case law and legal commentary, this article synthesizes the current body of such searches and seizures in the digital age and provides a set of guidelines for school officials.
The Fairfax County School Board disciplined S.C. for nonconsensual, sexual touching of three students at school. The circuit court dismissed the disciplinary proceedings, finding that the school board's decision was arbitrary, in violation of S.C.'s due process rights.
Below is a selection of Supreme Court cases involving searches and seizures, arranged from newest to oldest. Torres v. Madrid (2021) The application of physical force to the body of a person with intent to restrain is a seizure even if the person does not submit and is not subdued. Kansas v. Glover (2020)
compare the knowledge of search and seizure issues by Virginia public school principals with respect to their organizational level (elementary/middle/high). The study was designed also to examine theoretical perspectives by administrators as applied to search and seizure issues.
State law authorizes districts to adopt policies or rules addressing search and seizure without addressing student protections or requiring minimal protections only. Code of Virginia § 22.1-279.6. Board of Education guidelines and model policies for codes of student conduct; school board regulations.