The Law of Student Expulsions and Suspensions

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Education Law Association, Jan 1, 1999 - Student expulsion - 58 pages
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In 1975, the Supreme Court decision in "Goss versus Lopez" established the foundation of procedural law in student suspensions. This text focuses on procedural aspects of the expulsion and suspension of students. It is devoted to the elementary and secondary public-school settings involving regular-education students. It describes how the constitutional basis for due process for students can be traced to the 14th Amendment, which states that a person cannot be deprived of life, liberty, or property without due process. The "Goss" decision established that a student's education is a property interest. The text looks at requirements for giving notice of long-term suspensions and expulsions, the timeliness of hearings, the persons who should receive notice, and location of the student pending the hearing. It outlines what should happen in the formal hearing, issues surrounding self-incrimination and the right to remain silent, the Miranda warning for students, double jeopardy, the public hearing, and the right to counsel. The book also provides information on access to evidence, sufficiency of evidence, voluntary confessions, imposing penalties, witnesses, and recording the hearing. Short-term suspensions are treated separately, and special concerns such as inschool suspensions, school-bus suspensions, timeliness of suspensions, and suspensions from extracurricular activities are addressed. (RJM)

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