Suspensions & Expulsions
This type of _____ should be afforded to students prior to the imposition of expulsions or suspensions.
Procedural Due Process
___ of the 50 States in the US currently allow corporal punishment in public schools
19;Alabama, Arkansas, Arizona, Colorado, Florida, Georgia, Idaho, Indiana, Kansas, Kentucky, Louisiana, Missouri, Mississippi, North Carolina, Oklahoma, South Carolina, Tennessee, Texas, and Wyoming (Center for Effective Discipline, 2015).
Academic sanctions for this have generally been upheld as legitimate
Poor academic performance
School officials need this in order to search a student
Reasonable suspicion
Students who received unlawful physical punishment can seek damages through ________
Assault and Battery Suits
Usually only _____ can expel a student.
School boards
In determining this, courts have assessed the child’s age, maturity, and past behavior; the nature of the offense; the instrument used; any evidence of lasting harm to the child; and the motivation of the person inflicting the punishment
reasonableness of a teacher’s actions in administering corporal punishment
Failing grades, denial of credit, academic probation, grade retention, expulsion
These two tests are used to determine reasonableness
1. Is the search justified at its inception?
2. Is the scope of the search reasonable?
Students who received unwarranted suspensions are entitled to _______ without penalty to grades and to have their school records ________
Students who received unwarranted suspensions are entitled to "reinstatement" without penalty to grades and to have their school records "expunged"
short-term removals from schools
suspensions
In this Supreme Court case, the use of corporal punishment in public schools was found to NOT violate either the 8th Amendment’s prohibition against cruel and unusual punishment or the 14th Amendment’s procedural due process guarantees.
Ingraham v. Wright
Academic sanctions for nonacademic reasons should be ______
Reasonable; related to performance, absences, or other academic concerns; and serve a legitimate school purpose
A teacher who physically grabs a student by the shoulders and escorts him out of the classroom would not violate the student’s ___________________ right.
4th Amendment right to be free from an unreasonable seizure.
Remedies for violation of procedural due process rights may include __________
Reversal of a school board’s decision
Under this Act, all states enacted legislation requiring at least a one-year expulsion for students who bring firearms to school.
Gun-Free Schools Act of 1994
Corporal Punishment in Private Schools is illegal in these 2 states
New Jersey and Iowa
This court case ruled New York appellate court found policy denying course credit for absences in excess of 9 classes per semester and 18 absences for full-year courses was rational; students were permitted and encouraged to make up the classes before they exceeded the limit.
Bitting v. Lee
This occurs when a student’s freedom of movement is significantly limited in excess of the inherent every-day, compulsory attendance.
Seizure of a student
Students who receive unlawfully imposed academic penalties, _________ must be restored and _________ altered accordingly.
Students who receive unlawfully imposed academic penalties, "grades" must be restored and "transcripts" altered accordingly.
This case ruled that individuals posing a danger or threat may be removed immediately, with notice and a hearing following as soon as possible.
Goss V. Lopez, 419 U.S. 565 (1975)
In this case, unreasonable corporal punishment IS NOT defined as:
“A merely careless or unwise excess of zeal that it amounted to a brutal and inhumane abuse of official power literally shocking to the conscience.”
Hall v. Tawney (1980)
This court case held that a student who completed all coursework and final exams while expulsion proceedings were pending could not be denied a diploma.
Ream v. Centennial School District (PA 2001)
In Doe v. Renfrow, this cannot be performed when a dog alerts a school official of possible drug possession by a student
Strip search
For unconstitutional searches, these three are potential remedies
illegally seized evidence may be suppressed
school records may be expunged
damages may be awarded if the unlawful search results in substantial injury to the student