Most courts have flexibly interpreted the constitutional requirement of procedural and substantive due process in favor of zero-tolerance expulsion decisions. While being sensitive to community intolerance for threats to school safety (student possession of guns or drugs), school leaders should modulate development and enforcement of expulsion…

The principles and objectives of the due process clause are explored and operational criteria constructed as a result of the court's decision in the Horowitz case. It is argued that the court abandoned the underlying principles in this case. (Journal availability: Fred B. Rothman & Co., 10368 W. Centennial Road, Littleton, CO 80123, $4.00.)…

Although a 1975 Supreme Court ruling upheld students' suspension or expulsion from school, these punishments may not apply to handicapped students, who are guaranteed a free, appropriate education under the Education for All Handicapped Children Act. Article discusses implications of "Honig v. Doe" (1988), a Supreme Court decision…

The author reviews cases involving suspension and expulsion from school of handicapped students. The role of procedural safeguards is considered. Differences between approaches of the office of Civil Rights and the Bureau of Education for the Handicapped are examined. (CL)

A University of Virginia student has successfully challenged his expulsion, which was based on an accusation of cheating on a test. The student claimed his initial trial was unfair and that he was poorly represented. Some feel the university's honor system has been compromised. (MSE)

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)

School officials should adopt no-tolerance policies that require educators' discretion in punishing misbehaving students (based on due process and fundamental fairness), rather than relying on the zero-tolerance approach, which fails to differentiate among different levels of offenses. Even disruptive students deserve due process and appropriate…

A survey of exclusionary discipline practices with handicapped students revealed a national pattern of "de facto" differential treatment. In denying a school's unilateral authority to remove dangerous or disruptive students, the Supreme Court's judgment in "Honig v. Doe" (1988) took precedence over all earlier court decisions.…

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,…

This article addresses the substantial changes that Congress made in the 1997 amendments to the Individuals with Disabilities Education Act concerning discipline of students with disabilities. It analyzes both the procedural and substantive requirements related to suspending students, expelling students, and conducting functional behavioral…

Charlotte Horowitz's civil rights action challenging her dismissal from the University of Missouri Medical School is examined in terms of her right to due process. The court ruled that dismissals from public educational institutions for academic as opposed to disciplinary reasons do not mandate a hearing before the school's decision-making body.…

This monograph is intended to help boards of education meet the increasingly stringent legal demands placed upon them when they are called upon to conduct adversary hearings, particularly in cases involving the termination of an employee or the expulsion or long-term suspension of a student. The material covers the requirements of due process as…

Theories under which college students have challenged academic dismissals are examined, the standard courts apply when examining challenges is explored, and a case in which relief was denied a student challenging a test grade is discussed. Conflict between an institution's academic freedom and a student's due-process rights is considered. (MSE)

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…