Suggests methods by which school administrators can avoid lawsuits and can provide due process procedures within the school. (NQ)

Noting that counselors are seldom able to give legal advice or information to counselors, the author discusses those parts of the federal and state constitutions that deal with due process along with court cases that define and interpret the legal rights of students in this regard. (RP)

For over a decade, school administrators and school attorneys have been struggling with the appropriate procedures to follow in disciplining public school children. Many articles have been written concerning due process. This publication focuses not on the legal history of school discipline cases, but on the implementation and administration of…

In cases of cheating, plagiarism, or violations of the law in dental education, a very high level of due process is required. University counsel can help administrators determine whether an accused student is professionally suited to dentistry by characterizing as many corrective actions as possible as academic under the rubric of "suitability to…

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)

Increasing numbers of parents do not accept a school's discipline policy and are refusing to permit their children to comply with disciplinary sanctions. According to the California Education Code, educators have the right to expect parents to accept disciplinary decisions made in compliance with required procedures. Parental defiance might worsen…

Discusses an NEA task force study of the use of corporal punishment in schools. Study results indicate that physical punishment as a disciplinary measure causes great harm, such as student behavioral problems and potential lasting psychological damage. Sixteen reasons for abandoning corporal punishment are presented along with task force…

Despite the significant amount of attention given to student description, a serious controversy remains regarding the procedures that constitute effective discipline. This book is designed to meet the need for systematic investigation of the parameters of appropriate disciplinary practices for all students. It helps administrators formulate,…

A legal approach to due process in cases of college student cheating is outlined. Issues discussed include severity of the misconduct, need for informal vs. formal procedures, the due process paradigm as reflected in relevant court litigation, and steps in application of the paradigm (preliminary steps, notice and hearing procedures).(MSE)

This paper argues that natural justice principles animating English procedural law and due process jurisprudence playing the same role in American law should be interpreted to protect the intrinsic values associated with fair disciplinary hearing. This approach demands that college students facing expulsion or suspension be afforded an impartial…

Reviews 1995 case law concerning constitutional due process in college student disciplinary cases. Finds that administrators should follow substantive and procedural rules carefully; disciplinary determinations should not substitute for academic judgments; academic dishonesty should be treated as a disciplinary offense; internships and clinical…

This manual is designed to provide educators, primarily administrators, with basic legal information on issues concerning student rights in North Dakota. Chapters are presented on (1) the right to an education, (2) the freedom of religion, (3) the right to privacy (in school records and in searches), (4) freedom of expression (in general, in…

A brief historical review of the student disciplinary process in private colleges and universities, as well as a discussion of current practices and principles of student discipline, provide background for discussion of future possibilities. The analysis of current practices and principles includes a brief theoretical discussion about the legal…

This report--part of a collection of 54 papers from the 48th annual conference of the Education Law Association held in November 2002-- discusses student drug testing in Texas public schools. It contains the results of a 2001 study of student drug-testing policies in all 1,056 Texas public-school districts. In response to the Supreme Court's June…

One of the more controversial issues that has come before the courts since the implementation of the Individuals with Disabilities Act (IDEA) concerns the imposition of disciplinary sanctions on students with disabilities. Because this issue is not directly addressed by the act, school administrators must turn to case law for guidance. This paper…