Also available as e-book here
Lawrence F. Rossow and Kathrine J. Gutteirrez (2012) (3rd ed.)
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Paperback, 42 pages
Monograph #82
ISBN-10: 1-56534-146-5 ISBN-13: 978-1-56534-146-3
The purpose of this book is to outline, describe, and interpret the law of student expulsion and suspension as it is known today, based on the 1975 U.S. Supreme Court decision in Goss v. Lopez and the hundreds of cases that have been decided since. The primary focus is on procedural aspects, although an overview of the issues surrounding substantive due process is included. The book is devoted to the elementary and secondary public school settings involving regular education students.
Table of Contents
Introduction
The Fourteenth Amendment
The Concept of Due Process
Defining Minimum Due Process – Goss v. Lopez
Long-Term Suspensions and Expulsions
Indefinite Suspensions
The Mathews Factors
Notice
Content of the Notice
Timeliness of the Hearing
Persons to Receive Notice
Location of Student Pending the Hearing
The Formal Hearing
Impartial Trier of Fact
Waiving Hearing Rights
Self-Incrimination and the Right to Remain Silent
Public Hearing
Right to Counsel
Evidence
Access to Evidence
Hearsay
Alternative Education
Witnesses
Recording the Hearing
Short-Term Suspensions
Notice
Hearing Procedures
Access to Witnesses
Timeliness of the Suspension
Emergency (Immediate) Suspensions
In-School Suspension
Suspension for Participating in Extracurricular Activities
Appealing a Short-Term Suspension
Both Short-Term and Long-Term Suspension Considerations
Double Jeopardy
Penalties for Wrongful Expulsions and Suspensions
Substantive Due Process
Suspension for Off-Campus Behavior
First Amendment Claims
Qualified Immunity for Public Officials
Conclusion
