![]() Whenever a student is deprived of his right to education through disciplinary actions such as suspension or expulsion, the student is entitled to due process. How Does Due Process Apply to Suspension or Expulsion in Schools?Įvery student has the right to education and public education is an entitlement provided by agencies of local government. Procedural due process for students means that decisions affecting students in public educational institutions must include the same elements. The point of requiring that governments provide due process when making decisions is to avoid government actions that are arbitrary and capricious. The exact definition of procedures that are fair has been the subject of some discussion, but generally governments should make decisions only after giving the affected person notice, an opportunity to be heard, the right to review all of the evidence, the right to cross-examine adverse witnesses, a decision based exclusively on the evidence presented, the opportunity to be represented by counsel, preparation of a record of evidence presented, and a written findings of fact and reasons for its decision. All levels of government and all agencies of government must operate within the law and make decisions through the use of fair procedures. ![]() Constitution is called the “Due Process Clause” and it contains the same words as the Fifth Amendment to the same effect. One is that government, federal, state, local, and any agency of government, must operate within the confines of the law and the other is that governments must take actions only within a context of fair procedures. Over the years, courts have determined that this phrase contains within it two precepts. But it also contains the admonition concerning due process of law. ” The 5th Amendment is more famous for containing the right against self-incrimination in criminal proceedings. Constitution states that no person will be “deprived of life, liberty or property without due process of law. ![]() Due Process and School Suspension or Expulsion ![]()
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