The purpose of this article is to draw on the findings of two related studies about school discipline. The first study, a national survey of school law issues, indicated that over 37% of administrators report handling discipline either frequently or daily. The results of the second study, a content analysis of 64 written codes of conduct commonly…

The United States Supreme Court decision in "Honig v. Doe" precludes school officials from unilaterally excluding special needs children who become disruptive. School officials may use disciplinary procedures applicable to all students or seek judicial relief to obtain alternative placements for handicapped children. (MLF)

This guide to student disciplinary hearings provides an understanding of procedures and options during the student suspension or expulsion process through the perspectives of the different participants. Section 1, "Why Hearings?" discusses due process and the three categories of student disciplinary hearings: pre-suspension, suspension, and…

Courts seldom overturn school board punishment of students for drug abuse; in fact, relatively few cases even reach the courts. Problems usually arise from poorly written statutes and board regulations that are either vague or inconsistent with statutory requirements. (JG)

The Sixth Circuit Court approved an expulsion process even though the student was "convicted" on hearsay testimony alone and denied the opportunity to confront and cross-examine witnesses. The explanation and rationale for the court's orientation is viewed against prior case law. (MLF)

This monograph reviews and analyzes decisions dealing with suspension or expulsion of students by public school authorities. The report focuses on recent court cases that reaffirm, amplify, or extend entrenched constitutional and common law principles undergirding the public educational system in the United States. The author considers the…

A review of court decisions indicates that schools may consider absence from class as a factor in overall academic evaluation and may impose academic penalties for absences due to truancy, suspension, or expulsion. However, academic penalties may not be imposed for misconduct that does not result in absence from class. (MLF)

Discusses the procedural requirements governing the academic dismissal of students from public educational institutions, briefly comparing them to the requirements governing disciplinary suspensions and expulsions, and reviews relevant state and federal court decisions. (JG)

Since the 1975 United States Supreme Court Decision of "Goss versus Lopez," which provided the foundation for the law of procedure in student suspensions, the law of expulsion and suspension has reached such a level of complexity that school officials can no longer simply "do what is right" when punishing students by expulsion or suspension.…

Policies and procedures for disciplining students should be designed to teach them responsibility, rather than simply punish them. Providing educational opportunities to behavioral deviants is a problem that does not have a simple solution. However, alternatives to suspension or expulsion must be attempted before these disciplinary actions are…

This book describes and analyzes recent court cases involving the broad topic of student discipline in an attempt to aid school officials in understanding and complying with the underlying legal principles governing this area of school law. Individual chapters focus on the topics of the in loco parentis doctrine, due process and student…

This paper discusses the suspension and expulsion of unruly handicapped students by examining previous court litigation, identifying the legal issues involved, and reviewing Texas State Board of Education policy. Although sensitive and knowledgeable of the special learning and emotional needs of handicapped students, the conclusion favors recent…

The Supreme Court ruled that school officials could not make a unilateral decision to keep a special education student out of school for more than 10 days. However, it gives officials an opportunity to reach lawful agreements with the student's parents or with a court to change the child's placement. (MLF)

In Goss v. Lopez and Wood v. Strickland, the U.S. Supreme Court spelled out what due process means as it applies to suspension and expulsion of public school students. In Goss v. Lopez, the Court decided that a student who is suspended for up to ten days without a hearing is entitled to due process of law: "students . . . must be given some…