ERIC Number: ED334652
Record Type: RIE
Publication Date: 1990
Procedural Due Process Rights in Student Discipline.
Pressman, Robert; Weinstein, Susan
To assist administrators in understanding procedural due process rights in student discipline, this manual draws together hundreds of citations and case summaries of federal and state court decisions and provides detailed commentary as well. Chapter 1 outlines the general principles of procedural due process rights in student discipline, such as when students are entitled to due process and how much due process to give. Chapter 2 describes the application of due process to specific forms of discipline: suspension for 10 days or less; long-term suspension and expulsion; disciplinary transfer; inschool suspension; class removal; extracurricular activity exclusion; graduation ceremony exclusion; procedural rights for academic decisions; corporal punishment; and school bus exclusion. Chapter 3 details specific elements in prior hearings and the emergency exception, notice types and procedures, hearing timing, access to evidence before the hearing, ensuring impartial decisionmakers, hearing procedures, findings and reasons, and appeal and judicial review. Specific court cases are cited for further reference. (EJS)
Descriptors: Behavior Standards, Civil Rights, Corporal Punishment, Court Litigation, Discipline Policy, Due Process, Elementary Secondary Education, Expulsion, Freedom of Speech, Hearings, In School Suspension, Legislation, Parent Rights, School Administration, School Law, School Policy, Search and Seizure, Student Behavior, Student Rights, Student School Relationship, Suspension
Center for Law and Education, 955 Massachusetts Avenue, Cambridge, MA 02139 (current information available upon request).
Publication Type: Guides - Non-Classroom; Legal/Legislative/Regulatory Materials
Education Level: N/A
Audience: Administrators; Practitioners
Authoring Institution: Center for Law and Education, Boston, MA.
Note: Revision of the procedural due process section (chapters 9, 10, and 11) in "School Discipline and Student Rights: An Advocate's Manual"; see ED 226 425.