ERIC Number: ED315888
Record Type: Non-Journal
Publication Date: 1990-Jan
Reference Count: N/A
Procedural Due Process and Fairness in Student Discipline. A Legal Memorandum.
Johnson, T. Page
When the Supreme Court decided that the Constitution requires public school principals to follow procedural due process in suspension and expulsion cases, the Justices recognized a link between procedural due process and the fairness of effective discipline. This report reviews the constitutional due process required when public school officials are investigating allegations of student misconduct and determining disciplinary sanctions, and advocates its use, even when not legally required, as a step toward ensuring fairness in every disciplinary decision. The following topics are discussed: (1) codes and student conduct; (2) constitutional due process and fundamental fairness; (3) constitutional due process for long-term suspensions and expulsions; (4) suspension or expulsion of handicapped students; and (5) conclusion and recommendations. (78 endnotes) (MLF)
Descriptors: Compliance (Legal), Constitutional Law, Court Litigation, Disabilities, Discipline Policy, Due Process, Elementary Secondary Education, Expulsion, Federal Courts, Hearings, Principals, School Law, State Legislation, Student Behavior, Student Rights, Suspension
Publication Sales, National Association of Secondary School Principals, 1904 Association Drive, Reston, VA 22091 ($1.75; quantity discounts).
Publication Type: Collected Works - Serials; Legal/Legislative/Regulatory Materials; Guides - Non-Classroom
Education Level: N/A
Audience: Administrators; Practitioners
Authoring Institution: National Association of Secondary School Principals, Reston, VA.