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NCJRS Abstract

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NCJ Number: 119324 Find in a Library
Title: Representing Students in School Disciplinary Matters and Related Issues (From Representing the Child Client, P 6.1-6.139, 1988, Mark A Soler, et al. -- See NCJ-119320)
Author(s): M I Soler; A C Shotton; J R Bell; E J Jameson; C B Shauffer; L M Warboys
Date Published: 1988
Page Count: 149
Sponsoring Agency: Matthew Bender and Co, Inc
Albany, NY 12204
Sale Source: Matthew Bender and Co, Inc
1275 Broadway
Albany, NY 12204
United States of America
Type: Legislation/Policy Analysis
Language: English
Country: United States of America
Annotation: This analysis focuses on the major court decisions and laws affecting school discipline and related matters in the public schools and is intended for use by attorneys who are representing children and youths.
Abstract: An overview explains the basic right to education, which serves as a starting premise for many of the judicial decisions. It then reviews the law and procedures for inspecting and correcting school records, the law regarding discipline, and the substantive and procedural protections to which students are entitled. Further discussions focus on students' Fourth and Fifth Amendment rights in the school, particularly with respect to school searches and on discipline that implicates the First Amendment rights of students. An overview of special education law accompanies an analysis of issues raised when school discipline is imposed on handicapped students. The analysis notes that in most cases, students who attend private schools are not protected by constitutional requirements of due process, freedom of speech, or other rights applicable to public school students and that private schools are usually not covered by statutory provisions like those on school discipline. Footnotes.
Main Term(s): Discipline
Index Term(s): Attorney client relations; Crime in schools; Rights of minors; School disciplinary proceedings; School/Student Expulsion
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