Suggests that individualized justice is a necessary pre-condition to the maintenance of effective student discipline and that the discipline dilemma can be resolved by viewing the administration of student discipline as a problem of discretionary justice. (Author)

The Illinois School Code requires hearing officers in student expulsion or suspension review cases to provide the school board with a written summary of the evidence heard. While no particular form is required for the summary, this document presents a sample hearing report that can serve as a model for those preparing reports. The…

Summarizes and comments on decisions bearing on students' rights to due process of law in school discipline. (Author)

The briefs of selected court cases affecting student dissent and discipline in higher education presented in this report are divided in the following sections: (1) relationship between students and the institution, including contractual theory and in loco parentis; (2) relationship between the courts and education, including cases involving…

Judicial decisions have set boundaries on the ability of educational institutions to write rules governing student conduct and have defined the necessary components of a fair procedure to be used to assess disciplinary sanctions. This legal evolution affirms the respect shown students as citizens of the academic community. (Author)

A preliminary review of early responses to a questionnaire sent to secondary school principals across the United States revealed that most administrators felt more rigorous due process procedures should be followed in discipline cases than those required by federal regulations and school policies. The principals also tended to believe that…

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…

Discussion of U.S. Supreme Court decision (Ingrahm V. Wright) asserting that the Constitution's Eighth Amendment does not protect school children against cruel and unusual punishment and that the due process clause of the Fourteenth Amendment does not require notice and a hearing prior to the imposition of corporal punishment in the public…

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 recent federal court rulings setting minimal procedural requirements governing the administration of student discipline by school officials. (JG)

Presents tough-minded advice on how school leaders can maintain discipline while minimizing the possibility that they'll trample student rights or lose their shirts in court. Such areas as search and seizure, dress codes, and due process are covered. (Author/IRT)

Preservice teachers' beliefs about scholastic physical punishment are explored with regard to four issues: (1) administration of such punishment in schools; (2) providing students with procedural due process prior to the use of such punishment; (3) permitting the administration of such punishment only upon securing parental or guardian permission;…