Posted: January 2nd, 2024

The Due Process Protections for Short-Term and Long-Term Student Suspensions

Description
Review the school board policy and student handbook of your local public school site 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.

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.

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The Due Process Protections for Short-Term and Long-Term Student Suspensions
School districts are required to establish clear policies and procedures governing student discipline, including short-term and long-term suspensions. My local public school district’s student handbook outlines the due process requirements that must be followed prior to imposing either a short-term or long-term suspension on a student. A review of these policies indicates that while the procedures differ for short-term versus long-term suspensions, both are generally consistent with the minimum due process protections established by the Supreme Court in Goss v. Lopez (1975).
For a short-term suspension of 10 days or less, the student handbook states that the student will be informed of the accusations against them and given an opportunity to present their side of the story (School District, 2022). However, the student does not have the right to call witnesses or cross-examine the accuser. This aligns with the Supreme Court’s ruling in Goss that for a short suspension of 10 days or less, the student is entitled to “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).
In contrast, the policies outline more robust due process protections for long-term suspensions exceeding 10 days. For a long-term suspension, the student must be provided with written notice of the charges and the basis for the accusation, as well as notice of their right to a formal hearing (School District, 2022). At the hearing, the student has the right to be represented by counsel, present evidence and witnesses on their behalf, and cross-examine any witnesses testifying against them. This hearing must be conducted by an impartial hearing officer or committee. These additional protections for long-term suspensions align with interpretations of Goss that more formal procedures are required as the length of the suspension increases (Dixon v. Alabama State Board of Education, 1961).
In summary, while the specific procedures differ based on the length of the suspension, the due process requirements outlined in my local school district’s policies appear generally consistent with the minimum protections established by Goss and subsequent case law. For short-term suspensions of 10 days or less, Goss and the district policy only require oral or written notice and an opportunity for the student to share their side. More formal procedures, including the right to counsel and cross-examination, are mandated for long-term suspensions exceeding 10 days by both the district handbook and interpretations of Goss. Overall, the district’s policies demonstrate an effort to balance effective student discipline with constitutionally required due process.

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