ERIC Number: ED146661
Record Type: RIE
Publication Date: 1977-Sep
The Law of Procedure in Student Suspensions and Expulsions. NOLPE Monograph Series. ERIC/CEM State-of-the-Knowledge Series, Number Thirty-four.
Phay, Robert E.
This state-of-the-knowledge paper, a companion to the author's 1975 monograph on a similar topic, examines the legal ramifications of student suspension, expulsion, and search and seizure of students' property. The author reviews relevant court litigation and state laws pertaining to specific rules on student conduct, the procedures to follow in suspension and expulsion cases (including the hearing, the student's right to counsel, inspection of evidence, impartiality of the hearing, witnesses, self-incrimination, mass hearings, hearing transcripts, appeal, and automatic review), and multiple and short-term suspensions, as well as the law relating to search and seizure. He concludes that although many may consider procedural due process requirements to constitute serious interference with internal school discipline, constitutional standards require only that students be treated fairly and granted the type of due process that school administrators would demand for themselves. (Author/DS)
Descriptors: Court Litigation, Discipline Policy, Due Process, Elementary Secondary Education, Expulsion, Hearings, Postsecondary Education, School Law, School Policy, Search and Seizure, State Legislation, State of the Art Reviews, Student Rights, Student School Relationship, Suspension
National Organization on Legal Problems of Education, 5401 Southwest 7th Avenue, Topeka, Kansas 66606 ($4.95 prepaid; extra charge added for billing)
Publication Type: Reference Materials - Bibliographies
Education Level: N/A
Sponsor: National Inst. of Education (DHEW), Washington, DC.
Authoring Institution: National Organization on Legal Problems of Education, Topeka, KS.; ERIC Clearinghouse on Educational Management, Eugene, OR.
Note: For a related document, see ED 125 043; Not available in paper copy due to small print size of much of the document