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NCJ Number: NCJ 168485     Find in a Library
Title: Tribunals Help Ensure Due Process for Students
Author(s): G McGiboney
  Journal: School Safety (Fall 1997)  Volume:12-13, 30
Date Published: 1997
Page Count: 3
  Annotation: A random survey of 50 school systems in six States shows that student discipline tribunals are increasingly being used to rule on student expulsions.
Abstract: The survey shows that school systems with student enrollments over 10,000 were much more likely than smaller school systems to use student discipline tribunals to determine if errant students should be expelled from school; however, 75 percent of the smaller school systems indicated that although the superintendent and/or the local board of education currently made expulsion decisions, the districts were exploring the possibility of using student discipline tribunals. Of the school systems reporting the use of student discipline tribunals, more than 85 percent used school system employees on the tribunal; approximately 12 percent used a noneducator as a member of the tribunal. Approximately 28 percent reported having five tribunal members; 39 percent had three tribunal members; and the size reported by the rest of the school systems varied from two to six members. Ninety-one percent of the surveyed school systems state in their literature that students and their parents may be represented by an attorney during the disciplinary proceedings. A number of legal issues have emerged in relation to student discipline hearings. Topics of controversy include closed hearings versus open hearings, access to student records, continuance based on pending criminal/juvenile proceedings, discovery, double jeopardy, due process, evidence, group hearings, impartiality of the discipline tribunal, and knowledge of school rules. Other legal issues being debated are Miranda rights, notice of hearings, nonschool/nonschool-hour behavior, and student search and seizure. 4 notes
Main Term(s): Juvenile due process
Index Term(s): Right to Due Process ; School/Student Expulsion ; Decisionmaking ; Juvenile due process ; School discipline
Country: United States of America
Language: English
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