Law Commons^™

Ill Effects Of A Well-Intentioned Law: The Rights Of The Handicapped Overlooked, Robert L. Burgdorf

Journal Articles

Indiana's Public Law No. 162, which was signed into law in 1972, is an admirable achievement. The statute consolidated and clarified the procedures to be employed by schools in suspending, expelling or excluding students. The rights of students were closely guarded through the clear enumeration of the requirements of due process in this area. Written notice, a relatively formal hearing, the right to be represented by counsel, the right to cross-examine witnesses, a written decision and record of the proceedings, and an appeal procedure are all specifically mandated by the law whenever a child may be suspended, expelled or excluded. …

Prayer Amendment: A Justification, Charles E. Rice

Journal Articles

It is customary for each house of Congress to open its daily sessions with prayer delivered by its Chaplain. One might conclude that if the lawmakers of the nation are entitled to ask for divine blessing upon their work, so are the rest of us, including school children. Not so. For the Supreme Court of the United States has drawn the line. Legislators may pray, so far at least, but school children may not. Thus it was that the courts intervened to prevent the holding of "a period for the free exercise of religion" in the Netcong, New Jersey, public …

Due Process--Rights Of Confrontation & Cross Examination Accorded To Students At Expulsion Hearings, Margaret F. Brinig

Journal Articles

Tibbs v. Board of Education is the latest in a series of cases expanding the rights of high school students threatened with either expulsion or indefinite suspension. Although in most states a hearing is not explicitly required for student expulsion, recent cases have held that high school students are entitled to at least those "rudimentary elements of fair play" inherent in due process.

The safeguards now guaranteed by the decision in Tibbs are significant mainly because so few procedural rights were afforded secondary school pupils in the recent past. In the areas of appointed counsel and limitation of interim suspension, …