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Full-Text Articles in Law
Death Or Transformation? Educational Autonomy In The Roberts Court, Elizabeth Dale
Death Or Transformation? Educational Autonomy In The Roberts Court, Elizabeth Dale
UF Law Faculty Publications
In the aftermath of the Supreme Court's decisions in Grutter and Gratz a number of commentators argued that the Court had begun to embrace a new constitutional doctrine that required deference to the decisions of some institutions. Most notably they asserted that the Court would defer within the field of education. But even as they suggested that the Court was more willing to explore the doctrine, those two opinions left several large questions unanswered: Did the Court's embrace of institutional autonomy extend beyond higher education, into the K-12 realm? If so, what were its bounds? Was the doctrine only relevant …
School Discipline 101: Students' Due Process Rights In Expulsion Hearings, Melissa Frydman, Shani M. King
School Discipline 101: Students' Due Process Rights In Expulsion Hearings, Melissa Frydman, Shani M. King
UF Law Faculty Publications
Upholding the principle that school districts, as state actors, shall not deprive a student of liberty or property without due process of law, courts have expanded for more than four decades the Fourteenth Amendment's due process protection of public school students. Understanding this principle is essential to representing children in school discipline proceedings. Before presenting a practical guide to representing students in these proceedings, we offer a brief history of due process protection for children.