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CLEARANCE! ORIG $39.99, NOW 21.99! While supplies last.
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ISBN-10: 1-56534-146-5 ISBN-13: 978-1-56534-146-3
The purpose of this book is to outline, describe, and interpret the law of student expulsion and suspension as it is known today, based on the 1975 U.S. Supreme Court decision in Goss v. Lopez and the hundreds of cases that have been decided since. The primary focus is on procedural aspects, although an overview of the issues surrounding substantive due process is included. The book is devoted to the elementary and secondary public school settings involving regular education students.
The Fourteenth Amendment
The Concept of Due Process
Defining Minimum Due Process – Goss v. Lopez
Long-Term Suspensions and Expulsions
The Mathews Factors
Content of the Notice
Timeliness of the Hearing
Persons to Receive Notice
Location of Student Pending the Hearing
The Formal Hearing
Impartial Trier of Fact
Waiving Hearing Rights
Self-Incrimination and the Right to Remain Silent
Right to Counsel
Access to Evidence
Recording the Hearing
Access to Witnesses
Timeliness of the Suspension
Emergency (Immediate) Suspensions
Suspension for Participating in Extracurricular Activities
Appealing a Short-Term Suspension
Both Short-Term and Long-Term Suspension Considerations
Penalties for Wrongful Expulsions and Suspensions
Substantive Due Process
Suspension for Off-Campus Behavior
First Amendment Claims
Qualified Immunity for Public Officials