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Zirkel, Perry A. – NASSP Bulletin, 1999
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…
Descriptors: Court Litigation, Due Process, Expulsion, Legal Problems
Zirkel, Perry A. – National Association of Secondary School Principals (NASSP), 2006
In its landmark decision in "Goss v. Lopez" (1975), the U.S. Supreme Court ruled that for a suspension of 10 days or fewer, public school officials must provide the student with at least the following minimum of procedural protection on the basis of the Fourteenth Amendment's due process clause: oral (or written) notice of the charges…
Descriptors: Public Schools, Suspension, Civil Rights, Courts
Zirkel, Perry A. – Phi Delta Kappan, 2001
The 11th Circuit Court upheld a Georgia district's termination of an exemplary teacher who refused an immediate drug test after a police dog sniffed out a marijuana cigarette in her unlocked car. This case illustrates application of zero-tolerance policies to teachers and other personnel despite employees' signed contracts. (MLH)
Descriptors: Constitutional Law, Contracts, Court Litigation, High Schools
Zirkel, Perry A. – Executive Educator, 1996
Some superintendents'"zero-tolerance" stance on guns, drugs, and disruptive student behavior conflicts with federal laws (Individuals with Disabilities Act and Americans with Disabilities Act), which apply a "zero-reject" policy to many categories of students with disabilities. Superintendents should revamp policies and…
Descriptors: Administrator Attitudes, Court Litigation, Disabilities, Elementary Secondary Education