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Full-Text Articles in Law
The Constitutional Limit Of Zero Tolerance In Schools, Derek W. Black
The Constitutional Limit Of Zero Tolerance In Schools, Derek W. Black
Faculty Publications
With the introduction of modern zero tolerance policies, schools now punish much more behavior than they ever have before. But not all the behavior is bad. Schools have expelled the student who brings aspirin or fingernail clippers to campus, who does not know that a keychain knife in his backpack, or who reports having taken away a knife from another student in order to keep everyone safe. Despite challenges to these examples, courts have upheld the suspension and expulsion of this good-faith, innocuous behavior. With little explanation, courts have opined that the Constitution places no meaningful limit on the application …
Guarding The Schoolhouse Gate: Protecting The Educational Rights Of Children In Foster Care, Amy Reichbach, Marlies Spanjaard
Guarding The Schoolhouse Gate: Protecting The Educational Rights Of Children In Foster Care, Amy Reichbach, Marlies Spanjaard
Faculty Publications
Children in foster care encounter numerous obstacles to educational success. Among these is exclusion from school, the significance of which cannot be overstated. Multiple studies have revealed both anecdotal and statistical links between suspension and failure to graduate. Recognizing that children have protected interests in their education, in 1975 the United States Supreme Court established that students facing even short suspensions from school are entitled to due process. Children in foster care, however, are rarely in a position to ensure that their due process rights, including the right not to be excluded from school arbitrarily, are protected adequately. Given the …