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ERIC Number: ED235258
Record Type: RIE
Publication Date: 1983-Apr
Reference Count: 0
A Legal and Historical Perspective on Suspension and Its Effect on Inequality in Education.
Harris, J. John, III; And Others
Of the 2 million children suspended from school each year, a disproportionate number are minority youth who, although they make up only 5 percent of the school population, comprise 40 percent of all suspensions and expulsions. The United States Supreme Court has issued several rulings to protect students from arbitrary and capricious imposition of penalties without due process of law. In its landmark ruling in "Goss v Lopez" (1975) the Court recognized students' rights to notification of charges against them; a hearing; and remaining in school until notification and a hearing, unless their presence was an immediate danger to life or property or was disrupting the educational process. Since then, however, the Court has moved to limit the scope of the Goss decision by creating an academic/disciplinary delineation and by refusing to assume the discretionary powers of school officials. The prospect of the Court providing further leadership to the lower courts at the present time seems remote. It is up to the schools to overcome what minority children see as an adversary relationship by formulating school disciplinary policies in terms that students understand. At the State level, safeguards must be built into a system where abuse of power can change the lives of children forever. (CMG)
Publication Type: Speeches/Meeting Papers; Reports - General; Opinion Papers
Education Level: N/A
Sponsor: Department of Education, Washington, DC.
Authoring Institution: N/A
Note: Paper presented at the Annual Meeting of the American Educational Research Association (Montreal, Quebec, Canada, April 11-15, 1983).