ERIC Number: ED172334
Record Type: RIE
Publication Date: 1978
Reference Count: N/A
Student Discipline: Procedural Issues.
Phay, Robert E.
This chapter's discussion of student discipline stresses a student's right to due process when he or she is faced with suspension or expulsion from school. To determine procedural requirements, the paper states, a school must examine both the statutes of the state and the requirements imposed by state and federal constitutions. The major topic of this chapter involves expulsions and long-term suspensions, including notice, hearing, counsel, evidence, witnesses, appeal, and the like. Also discussed are short-term suspensions, including student property and liberty interests that evolved out of Goss v. Lopez. Two other court cases surveyed--Baker v. Owen and Ingraham v. Wright--deal with the issue of corporal punishment. The chapter concludes that, in the requirements of procedural due process, schools are only being asked to act fairly. Such requirements are not meant to deny them full authority to regulate student conduct. (Author/LD)
Descriptors: Administrators, Corporal Punishment, Court Litigation, Discipline, Due Process, Elementary Secondary Education, Expulsion, Federal Courts, Hearings, Lawyers, Student Behavior, Student Rights, Student School Relationship, Students, Supreme Court Litigation, Suspension
Not available separately; See EA 011 685
Publication Type: Legal/Legislative/Regulatory Materials
Education Level: N/A
Authoring Institution: National Organization on Legal Problems of Education, Topeka, KS.
Identifiers: Baker v Owen; Goss v Lopez; Ingraham v Wright
Note: Chapter 7 of "The School Principal and the Law" (EA 011 685); For related documents, see EA 011 685-697