Law of Student Expulsions and Suspensions

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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