The following questions and answers briefly describe several Federal
requirements that apply to the use of suspension and expulsion as
disciplinary tools in public schools. These may not reflect all laws,
policies, and judicial precedents applicable to any given school
district. School officials should consult with legal counsel to
determine the application of these laws in their schools and to ensure
that all legal requirements are met.
What Federal procedural requirements apply to suspension or expulsion?
. The Supreme Court has held that students facing suspension or
expulsion from school are entitled under the U.S. Constitution to
the basic due process protections of notice and an opportunity to
be heard. The nature and formality of the "hearing" to be
provided depend on the severity of the sanction being imposed.
. A formal hearing is not required when a school seeks to suspend a
student for 10 days or less. Due process in that situation requires
only that:
--the school inform the student, either orally or in writing, of
the charges and of the evidence to support those charges;
--the school give the student an opportunity to deny the charges
and present his or her side of the story;
--as a general rule, the notice to the student and a rudimentary
hearing should precede a suspension unless a student's presence
poses a continuing danger to persons or property, or threatens to
disrupt the academic process. In such cases, the notice and
rudimentary hearing should follow as soon as possible after the
student's removal.
. More formal procedures may be required for suspensions longer
than 10 days and for expulsions. In addition, Federal law and
regulations establish special rules governing suspensions and
expulsions of handicapped students.
. States and local school districts may require additional
procedures.
Can students be suspended or expelled from school for use, possession,
or sale of drugs?
Generally, yes. A school may suspend or expel students in
accordance with the terms of its discipline policy. A school policy
may provide for penalties of varying severity, including suspension
or expulsion, to respond to drug-related offenses. It is helpful to
be explicit about the types of offenses that will be punished and
about the penalties that may be imposed for particular types of
offenses (e.g., use, possession, or sale of drugs). Generally,
State and local law will determine the range of sanctions
permitted.
(For a more detailed discussion of legal issues, see pages 49-58.)