Examines briefly important concepts in the discipline of students with disabilities. Explains the principles developed through case law, which can provide guidance to administrators struggling with questions regarding the discipline of such students. Notes that the same principles may hold for the student at risk for school failure. (SR)

School personnel need to learn about the outcomes of controversial education cases. Research on school law knowledge indicates that teachers and students would benefit from learning the basic principles of school law. (six references) (MLF)

Reviews key cases concerning disciplinary and academic decisions in higher education handed down by courts in 1997. Cases touched on procedural due process (for medical residents, academic versus disciplinary decisions, other notable issues), double jeopardy, breach of contract, student discipline records under the Family Education Rights and…

Questions the effectiveness of the widespread use of zero-tolerance policies enacted by school boards to punish students who violate weapon and drug rules. Suggests that enforcement of zero-tolerance policies has not been equitable. Reviews proposal for alternative to zero tolerance. (PKP)

Explores whether the state university student confronted with double prosecution (university disciplinary proceedings and state or municipal criminal proceedings) has any constitutional basis for claiming the applicability of double jeopardy protection of the Fifth Amendment as a bar to a second prosecution. Concludes that the issue is not…

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…

Judicial standards of procedure and substance are presented to encourage consistency in the United States District Court for the Western District of Missouri, in cases of student discipline in tax supported institutions of higher learning. The relationship between education and the courts is discussed, concluding that only where erroneous and…

In this paper several court decisions relating to student rights and privileges are considered, particularly in the light of student unrest that is now extending to junior colleges. An individual's rights are guaranteed and protected by the federal Constitution which states that: no person shall be deprived of life, liberty or property without due…

This report presents commentaries on the legal aspects of student rights and on some of the disciplinary measures utilized by public schools. It proposes legislation designed to assure that schools, in shaping their disciplinary policies, will conform to the framework of existing constitutional law and recent court cases. A related document is EA…

This report contains 4 addresses given at a conference on higher education and the law in Tuscaloosa, Alabama, and includes 2 supporting documents. The first address: "An Overview of the Interaction," by Richard A. Thigpen, discusses: (1) how constitutional standards are made applicable to public and private institutions of higher education; (2)…

Presents two legal cases involving high school students ("Birdsey v. Grand Blanc Community Schools" and "State v. Wolfer") that illustrate requirements for use of "Miranda Warnings." These warnings are not usually required to be provided in civil suits, or proceedings involved in administration of school discipline.…

Discusses current trends in court assessments of school rules that specify discipline for possession or use of proscribed substances or articles. (MCG)

Results of this survey indicate that the Goss v. Lopez decision, concerning notice and hearing requirements in school suspension incidents, does not represent an overwhelming administrative burden in Illinois, since many principals have long provided the safeguards that the decision mandates. (MB)