Representing Students in School Disciplinary Matters and Related Issues (From Representing the Child Client, P 6.1-6.139, 1988, Mark A Soler, et al. -- See NCJ-119320)

• NCJ Number: 119324
• Author(s): M I Soler; A C Shotton; J R Bell; E J Jameson; C B Shauffer; L M Warboys
• Date Published: 1988
• Length: 149 pages
• Sale Source: Matthew Bender and Co, Inc
• Publication Type: Legislation/Policy Analysis
• Language: English
• Country: United States of America
• Note: *This document is currently unavailable from NCJRS.

Annotation

This analysis focuses on the major court decisions and laws affecting school discipline and related matters in the public schools and is intended for use by attorneys who are representing children and youths.

Abstract

An overview explains the basic right to education, which serves as a starting premise for many of the judicial decisions. It then reviews the law and procedures for inspecting and correcting school records, the law regarding discipline, and the substantive and procedural protections to which students are entitled. Further discussions focus on students' Fourth and Fifth Amendment rights in the school, particularly with respect to school searches and on discipline that implicates the First Amendment rights of students. An overview of special education law accompanies an analysis of issues raised when school discipline is imposed on handicapped students. The analysis notes that in most cases, students who attend private schools are not protected by constitutional requirements of due process, freedom of speech, or other rights applicable to public school students and that private schools are usually not covered by statutory provisions like those on school discipline. Footnotes.