WhatsApp Number: +1(249) 265-0080
School Disciplinary Due Process
Paragraph with at least 150 words each explaining the following which should include a reference for each paragraph.
1. Is due process required prior to an afterschool detention? Why or why not? You must support your position with examples from case law, the U.S. Constitution, or other readings.
2. Describe three aspects of due process for a school seeking to suspend a student with disabilities. Refer to the readings in this topic for further assistance.
Check our essay writing services here
School Disciplinary Due Process
1. Is due process required prior to an afterschool detention?
Due process is not constitutionally required prior to assigning a student to an afterschool detention because this form of disciplinary action is considered minor and does not deprive the student of a significant liberty or property interest. The Fourteenth Amendment ensures that no state shall deprive any person of “life, liberty, or property without due process of law.” However, in Goss v. Lopez (1975), the U.S. Supreme Court ruled that due process protections apply primarily when a student faces a suspension of 10 days or more, which affects their right to education. In contrast, afterschool detention is a low-level, non-exclusionary consequence that does not rise to the level of constitutional deprivation. Since students are not being denied access to education or removed from the school environment, minimal to no formal due process is required. However, districts may still implement informal notice and communication with parents as part of internal policy or best practice.
2. Due Process for Suspending a Student with Disabilities
When suspending a student with disabilities, schools must follow additional due process protections under the Individuals with Disabilities Education Act (IDEA). First, if a student is suspended for more than 10 consecutive days or if multiple removals amount to a pattern, the school must hold a Manifestation Determination Review (MDR) within 10 school days of the decision. The MDR determines whether the behavior was a manifestation of the student’s disability. Second, the student has the right to continue receiving Free Appropriate Public Education (FAPE) during the suspension, even in an alternative setting. Third, if the behavior involves weapons, drugs, or serious bodily harm, the school may place the student in an interim alternative educational setting for up to 45 school days, but must still provide an MDR and continue services. These protections ensure that students are not punished for behaviors directly linked to their disability and that their educational rights are preserved.
Reference:
Goss v. Lopez, 419 U.S. 565 (1975). https://supreme.justia.com/cases/federal/us/419/565/
Individuals with Disabilities Education Act, 20 U.S.C. § 1415(k). https://sites.ed.gov/idea/statute-chapter-33/subchapter-II/1415/k