Article · Education
Sent Home Before Lunch: What Due Process a Student Actually Gets
20 U.S.C. § 1400
- Type
- Article
- Jurisdiction
- National
- Date
- 2024-01-26
- Topic
- Education
A student can be removed from school in an afternoon, and the process that permits it is far thinner than most parents expect. This article explains what due process a student actually receives before a short suspension, a long suspension, and an expulsion, and why those three categories are treated so differently. It covers the constitutional framework for student speech, searches, and punishment, including the standards courts actually apply and how far they extend off campus. A substantial part addresses students with disabilities, who hold protections other students do not, including the manifestation determination and the ten-day rule that changes everything. It also explains student records, who may see them, and how to correct them, along with the practical mechanics of a discipline hearing and an appeal. Examples run throughout, drawn from the referrals that actually happen. The article is written for parents, students, advocates, and lawyers new to education law.
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