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Student Discipline and Due Process
Angelia Denard
Grand Canyon University
U.S and Arizona Constitution for Teacher Candidates POS-501
Dr. Bruce Murchison
April 24, 2024
Student Discipline and Due Process
North Bolivar School district, Mound Bayou, Mississippi requirements for short-term and long-term suspensions adhere to a school discipline law and regulations compiled by Mississippi. Any student found with an indiscipline case faces consequences based on the offense committed as outlined by the state’s law. Section 97-37-17, Mississippi Code of 1972 has given the aspects that can lead to student expulsion by a superintendent or principal (U.S. Department of Education, 2023). The superintendent of the school may modify the period of expulsion in the student’s case. Therefore, before imposing short-term and long-term suspensions on students in North Bolivar School District, the principal or superintendent should adhere to the specific due process outlined in the Code.
Due Process Requirements in North Bolivar School District
The power to suspend students is bestowed on the superintendents and principals of schools. They can suspend or expel a student for a good cause, such as misconduct on school property o any other misconduct in school. If the principal or superintendent deems that student behavior is causing disruption within the school environment, or it interferes with other students’ and teachers’ best interest and welfare, they may expel or suspend that student. The regulations or policy of the local school district shall guide the suspension, dismissal, or expulsion process. The student is granted the right to a due process hearing for suspensions that exceed more than ten days. A legal counsel should represent the student, present evidence, and conduct cross-examination of witnesses that the district presents during the hiring process (U.S. Department of Education, 2023). The law also allows the student’s parent or legal guardian to petition expulsion for more than ten days. Substantial evidence should act as the standard proof for all disciplinary proceedings. The principal or superintendent shall advise the students’ parents of this right to a hearing, and ensure they properly fill out the form provided requesting such a hearing.
Before a short-term suspension, mainly for less than ten days, the student has the right to receive a written or oral notice of the charges. Denial of the allegations by the students should be backed with evidence against their misconduct and an opportunity to give their side of the story (U.S. Department of Education, 2023). Long-term suspensions requiring more than ten days should take the legal process detailed above, with the student being represented by an attorney, calling witnesses, and presentation of evidence.
Comparison of Short-Term and Long-Term Suspension Procedures
There are significant variations in the due process procedures for short-term and long-term suspensions. Each of the suspensions has different requirements, with those for long-term suspension being more extensive. The student’s education can be significantly affected by the long-term suspension due to the more severe consequences. Besides, the two forms of suspension differ in formality and detail. The handling of short-term suspensions is swift and with less formality. It focuses on briefing the student regarding the alleged charges and giving them a chance to respond. A comprehensive hearing process is entailed in long-term suspensions, as the nature of punishment is more severe. This form of punishment may negatively impact the student’s academic journey.
Consistency with Goss v. Lopez
The Goss v. Lopez case underscored the property interest of students in their education and the right to be accorded due process protections before facing an expulsion or suspension. Although there are variations in the specific requirements, is imperative that students are notified of the charges and a chance to be heard. The short-term and long-term suspensions for North Bolivar School District following the process requirements aligned with the principles highlighted in Goss v. Lopez (U.S. Supreme Court, n.d.). For example, the requirement to notify and allow the student to respond to short-term suspensions is consistent with the Goss v. Lopez ruling. Equally, the principles of due processes in this case are adhered to in long-term suspensions, as they require more extensive requirements.
Overall, although school districts have varied due process requirements for short-term and long-term suspensions, most of them are consistent with those established in Goss v. Lopez’s case. Schools should communicate these requirements clearly and consistently apply them to protect student’s rights.
References
U.S. Department of Education (2023, March 31). Mississippi Compilation of School Discipline Laws and Regulations.
compendium/Mississippi%20School%20Discipline%20Laws%20and%20Regulations.pdf
U.S. Supreme Court (n.d.). Goss v. Lopez, 419 U.S. 565 (1975).
