Discusses the implications of a case accepted for review by the U.S. Supreme Court. (MLF)

This document addresses the question of students being put into a position of double jeopardy--if they commit a civil offense, they are subject not only to trial by the public courts but are also subject to punishment by their educational institution. As a general rule, colleges and universities should not prosecute students for acts subject to…

Analyzes the United States Supreme Court's reversal of "Memphis County School Distruct v. Stachura," a District Court decision to compensate a temporarily suspended life sciences teacher for damages involving deprivation of his constitutional rights. Views this decision as one more obstacle blocking individuals' progress against…

Discusses "no pass-no play" rules adopted by many state legislatures and local school districts that raise the academic standards students must meet before participating in extracurricular activities. Reviews two recent court challenges to the rules' constitutionality, focusing on due process, authority, and participation as a right or…

Although it is well settled that a student may not be expelled without a prior hearing, principals in many localities are authorized by statute or board rules to suspend students for periods ranging from 1 to 10 days or more without notice, hearing, or any of the other trappings of due process. Such suspensions are subject to challenge under the…

In an era promulgating "zero tolerance" of school violence, courts are giving considerable latitude to school officials in administering student discipline. The vast majority of student due process claims arising from suspensions and expulsions, including a recent marijuana possession case in Alabama, have failed in recent years. The…

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…

Judicial handling of Fourth Amendment issues arising from warrantless searches of college students' housing has concentrated on the status of the student. The author points out the defects in the status theories which have been used to justify relaxed standards of protection for college students. (Editor)

The author examines the constitutional bases of claims for student rights in Canada, presents various aspects of rights, including "option" and "welfare" rights, and suggests the embodiment of students' welfare rights and of a Bill of Rights affecting all of society, within the Canadian constitution. (MJB)

This publication presents topic headings that may be used as a checklist of state law grounds for challenging a disciplinary action. Topics include: (1) illegality in rule adoption; (2) inadequate notice that conduct is subject to discipline; (3) existence of a protected interest; (4) inadequate notice of hearing; (5) inadequate hearing…

Discusses cases involving a nontenured high school coach's firing, state-mandated competency testing, and civil rights of public employees. (KS)

The U. S. Court of Appeals ruled that District of Columbia schools had not followed procedural requirements for the Education for All Handicapped Children Act. The Texas Supreme Court upheld the "no pass-no play" rule that requires students participating in extracurricular activities to meet academic criteria. (MLF)