U.S. intervention Likely in T.L.O.

Article Tools
  • PrintPrinter-Friendly
  • EmailEmail Article
  • ReprintReprints
  • CommentsComments

Washington--Justice Department officials said last week that they would not seek to intervene in a lawsuit now before the Supreme Court involving evidence seized in school-discipline proceedings, despite an Administration request that the department file a friend-of-the-court brief in the case.

The lawsuit, State of New Jersey v. tlo, centers on whether information gained during disciplinary proceedings is admissible evidence in later juvenile-court proceedings.

The New Jersey Supreme Court ruled last August that evidence obtained by an administrator at Piscataway High School who searched a student's purse could not be used against the student in a court of law.

The Supreme Court has agreed to hear the case but has not yet scheduled oral arguments.

Kay Oberly, assistant to Solicitor General Rex E. Lee, said she recommended that the Justice Department not file a brief because the outcome would not affect school officials' ability to discipline students. School discipline "is not really an issue in this case," she said.

Ms. Oberly added that Administration officials working on the President's discipline initiative asked the Justice Department to file the brief only a few days before the Supreme Court's Jan. 12 deadline for filing briefs related to the tlo case, and that meeting the deadline was not "feasible."--cc

Vol. 03, Issue 19

Notice: We recently upgraded our comments. (Learn more here.) If you are logged in as a subscriber or registered user and already have a Display Name on edweek.org, you can post comments. If you do not already have a Display Name, please create one here.
Ground Rules for Posting
We encourage lively debate, but please be respectful of others. Profanity and personal attacks are prohibited. By commenting, you are agreeing to abide by our user agreement.
All comments are public.

Back to Top Back to Top

Most Popular Stories