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Posted: January 3rd, 2024

Student Discipline and Due Process

Student Discipline and Due Process
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Paper instructions:
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.

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

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Note: The school district I work with is Mobile County Public School System

Due Process Requirements for Student Discipline in Mobile County Public Schools.


Due Process Requirements for Student Discipline in Mobile County Public Schools
School discipline policies aim to balance the students’ rights with maintaining order and safety in the learning environment. The due process rights of students facing suspension were established in the landmark 1975 Supreme Court case Goss v. Lopez.
Process Requirements for Short-term Suspensions
Short-term suspensions, defined as those lasting ten days or less, trigger minimal due process requirements, in accordance with the Goss v. Lopez ruling. In Goss, the Supreme Court mandated an informal hearing with a school administrator for students facing short-term suspensions. During this hearing, the accused student should be informed of the allegations against them and given an opportunity to present their side of the story. In essence, the student’s right to respond before the imposition of the suspension is paramount (Goss v. Lopez, 1975).
The Mobile County Public School System’s Code of Student Conduct (2022-2023) adheres closely to the Goss requirements for short-term suspensions. This code stipulates that the school administrator must conduct an investigation, provide the student with the opportunity to present their perspective, and subsequently send a suspension notice home to inform parents or guardians. In doing so, Mobile County ensures that students facing short-term suspensions are afforded the rudimentary due process rights enshrined in the Goss ruling.
Process Requirements for Long-term Suspensions
Long-term suspensions exceeding ten days necessitate a more formalized due process, in line with the Goss v. Lopez precedent. Goss established that students facing long-term suspensions should be granted the right to a formal hearing, legal representation, and the ability to cross-examine witnesses. In essence, the severity of the due process escalates with the length of the suspension (Goss v. Lopez, 1975).
Mobile County Public School System’s policy distinguishes long-term suspensions from short-term ones, aligning with the Goss framework. The policy mandates that a disciplinary hearing be conducted for long-term suspensions. Moreover, it explicitly affirms that students have the right to appeal the decision. This ensures that for long-term suspensions, students are provided with additional legal safeguards, thereby adhering to the principles outlined in the Goss ruling.
Consistency with Goss v. Lopez
The due process procedures in place within the Mobile County Public School System for both short-term and long-term suspensions align effectively with the Goss v. Lopez decision. This alignment is crucial in upholding students’ constitutional rights while maintaining safe and productive learning environments.
For short-term suspensions, the informal hearing with the school administrator mirrors the process mandated in Goss. The opportunity for the accused student to present their side of the story before suspension ensures fairness and compliance with the ruling. Additionally, the Code of Student Conduct’s provisions for short-term suspensions, such as an investigation and parental notification, further underscore the adherence to Goss.
In the case of long-term suspensions, Mobile County’s policy is consistent with Goss, offering students the right to a formal hearing, representation, and cross-examination. The allowance for an appeal serves as an additional layer of protection. These procedures are in harmony with Goss’s delineation that longer suspensions require a more formalized due process.
The Mobile County Public School System effectively balances the imperative of maintaining order and fairness in student discipline. Consequently, through aligning their due process procedures with the Goss v. Lopez precedent, the school system ensures that students’ constitutional rights are safeguarded, particularly in the context of short-term and long-term suspensions. The alignment is not only legally sound but also crucial in fostering a conducive and equitable educational environment for all students.

References:

Goss v. Lopez, 419 U.S. 565 (1975).
Mobile County Public School System. (2023). Code of student conduct. https://www.mcpss.com/cms/lib/AL01901793/Centricity/Domain/88/2022-2023%20Code%20of%20Student%20Conduct.pdf

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