Posted: September 19th, 2023

Student Discipline and Due Process

Student Discipline and Due Process

Paper instructions:
Visit Mobile County Public Schools board policy and handbook to complete the assignment
Review the school board policy and student handbook of your local public school site( Mobile County) or district for information regarding their policies on short- and long-term suspensions of students. You may also obtain this information by interviewing an administrator at your chosen site.
My school district is Mobile County Public School System

Write a 500-750-word essay summarizing:

The due process requirements prior to a short-term and a long-term suspension of a student at your local site or district.
Are the due process procedures for a short-term and a long-term suspension of a student the same or different?
Are these requirements consistent with Goss v. Lopez? Support your position with examples from case law, the U.S. Constitution, or other readings.
Prepare this assignment according to the guidelines found in the APA Style Guide, located in the Student Success Center.

This assignment uses a rubric. Please review the rubric prior to beginning the assignment to become familiar with the expectations for successful completion.

You are required to submit this assignment to LopesWrite. A link to the LopesWrite technical support articles is located in Class Resources if you need assistance.

Student Discipline and Due Process in Mobile County Public Schools
Mobile County Public Schools has clear policies regarding student discipline and due process that are largely consistent with Goss v. Lopez (1975). According to the Mobile County Public Schools Code of Conduct (2022), short-term suspensions of 10 days or less require minimal due process procedures, while long-term suspensions over 10 days receive heightened procedural protections.
For short-term suspensions, the Code of Conduct states that the student will be informed of the charges against them and given an opportunity to present their side of the story (Mobile County Public Schools, 2022). However, the student is not entitled to call or cross-examine witnesses. This aligns with Goss, which held that students facing short suspensions must receive “oral or written notice of the charges against him and, if he denies them, an explanation of the evidence the authorities have and an opportunity to present his side of the story” (Goss v. Lopez, 1975).
For long-term suspensions over 10 days, Mobile County schools provide additional due process rights consistent with Goss. These include the right to a formal hearing, the right to be represented by counsel, and the right to cross-examine witnesses testifying against the student (Mobile County Public Schools, 2022). At the hearing, the student can present evidence and call witnesses to support their defense. If found responsible, the student can appeal the decision. These heightened procedures satisfy Goss’ requirement that longer suspensions receive more formal treatment that includes the opportunity to secure counsel, review evidence, and confront witnesses (Goss v. Lopez, 1975).
In summary, Mobile County schools distinguish between the minimal due process required for short suspensions and the more formal procedures required for long-term suspensions over 10 days. This dual approach is consistent with both the school board policy and key precedents like Goss v. Lopez that recognize students’ property and liberty interests in their education.
Works Cited
Goss v. Lopez, 419 U.S. 565 (1975). https://www.oyez.org/cases/1974/73-1912
Mobile County Public Schools. (2022). Code of conduct. https://www.mcpss.com/cms/lib/AL01901793/Centricity/Domain/4/2022-2023%20Code%20of%20Conduct%20Final.pdf

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