The purpose of the study was to state in a positive manner the rights of administrators in dealing with student suspension, expulsion, and exclusion in substantive and procedural due process matters. A legal. research was used to accomplish the purpose of the study. A review of the literature from 1969 through 1978 was made. The focus of the review was upon attitudes of administrators regarding court cases dealing with student suspension, expulsion and exclusion. A selected review and analysis of United States Constitution, Indiana state law, federal and state appellate court decisions, Indiana Attorney General Opinions and related literature was wade to identify factors guiding school officials in dealing with student due process matters. The study was limited to the laws, court decisions, and Attorney General Opinions in Indiana involving student suspension, expulsion, and exclusion.Even though the study was limited to Indiana, the following considerations would also apply throughout the United States.(1) Students have due process rights. (2) Constitutionality of a school regulation and reasonableness of a rule is a question of law to be decided exclusively by the courts. (3) Boards of education and school administrators have the power to make and enforce reasonable rules and regulations for the proper process in general. (4) Where rules infringe upon freedom of expression, the school officials have the burden of showing justification. (5) Administrators are upset over recent United States Supreme Court decisions and an apparent loss of control of students. (6) A compensatory award to students would be appropriate if the measures of impermissable motivation or disregard of a student's constitutional rights were maliciously violated. (7) Student dismissal for failure of a student to meet academic standards calls for far less stringent procedural requirements than dismissal of a student for violation of valid rules of conduct. (8) The Fourteenth Amendment of the United States Constitution does riot apply to the internal disciplinary operations of a private school. (9) A student involved in a due process matter must take advantage of all administrative remedies available before filing a law suit. (10) School Officials have the authority to expel a student under the age of sixteen for a violation of reasonable rules and regulations. (11) The laws and recent court decisions should not hinder the fair minded school administrator. (12) School attendance records are admissable as evidence in a court of law.In addition to the study findings, the following conclusions, based upon the review and analysis of pertinent constitutional law, federal and state court decisions as well as upon the reading of related literature and conversations with attorneys and school officials were developed. (1) A school official may avoid legal problems in dealing with students if the following steps are followed: (a) The school official must make every attempt to establish reasonable rules and regulations. (b) The school official must carry out discipline procedures without malice. (c) The school official must provide the minimum essentials of due process. 1. Oral and written notice of charges are provided the student. 2. The student must have the opportunity to tell what happened in the incident under investigation. (2) The Indiana Statute on Due Process and Pupil Discipline provides the framework and guide to follow in discipline matters. School corporations may avoid time consuming and expensive court proceedings by adhering to the statute. The courts have overturned student challegnes on substantive and procedural due process if the student had not sought all remedies available under the Indiana Due Process and Pupil Discipline Statute.Even though the study was limited to Indiana, the above listed conclusions, with the exception of number two, would also apply throughout the United States.
| Identifer | oai:union.ndltd.org:BSU/oai:cardinalscholar.bsu.edu:handle/180716 |
| Date | 03 June 2011 |
| Creators | Sheridan, Hansel Nikirk |
| Contributors | Snyder, Jack F. |
| Source Sets | Ball State University |
| Detected Language | English |
| Format | 4, vi, 101 leaves : chart ; 28 cm. |
| Source | Virtual Press |
| Coverage | n-us-in |
Page generated in 0.0019 seconds