ERIC Number: ED212085
Record Type: RIE
Publication Date: 1982-Jan
Reference Count: 0
The Meaning of "Fairness" in Student Disciplinary Procedures. A Legal Memorandum.
National Association of Secondary School Principals, Reston, VA.
The basic requirements for fair school disciplinary proceedings were set down in the Supreme Court decision of Goss v. Lopez. The requirements are that students be given oral or written notice of both the nature of the rule (violation of which will result in punishment) and the nature of the specific violation and the intended punishment. In addition, the accused student must be given an opportunity to "tell his side of the story" to the person who proposes to mete out the punishment. If the student denies the charges, an explanation must be given of the evidence of the violation upon which the school authority is relying. If these basic principles of fairness and due process in the school context are understood and followed, there should be few legal challenges to school disciplinary procedures. (Author/MLF)
Descriptors: Administrator Responsibility, Court Litigation, Disabilities, Discipline Policy, Due Process, Elementary Secondary Education, Hearings, School Law, Suspension
National Association of Secondary School Principals, 1904 Association Dr., Reston, VA 22091 ($.50; quantity discounts).
Publication Type: Legal/Legislative/Regulatory Materials; Guides - Non-Classroom; Collected Works - Serials
Education Level: N/A
Authoring Institution: National Association of Secondary School Principals, Reston, VA.
Identifiers: Fairness; Goss v Lopez