Goss Vs Lopez Essay

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Throughout educational history, student discipline & rights have been a topic of discussion. In 1974, they became a national topic when a case on student disciplinary action stood before the U.S. Supreme Court, Goss v. Lopez. With the case came two important questions that needed answers: (1) “Are students entitled to due process if they are suspended from public schools for one to ten days?” (Education Law) (2) “If so, what process is due?” (Education Law)
Those questions would be resolved in January of 1975.

COURT CASE HISTORY
In Columbus, Ohio, nine public school students received a suspension of up to 10 days for disruptive behavior. The students were not given the opportunity for a formal hearing (Britannica). Law § 3313.66 allowed the disciplinary action taken by the school (LII / Legal Information Institute). They claimed that the law violated their due process rights, under the Fourteenth Amendment. They filed a class-action …show more content…

Lopez indeed change educational policy and have multiple implications regarding students, teachers and administrations. Due to Goss v. Lopez, students now have the right to due process under the Fourteenth Amendment. Because of this, the school is required to issue an oral or written notice. They are also required to conduct a formal hearing, where the student(s) can present their version of events. It is only after the hearing that the administrators can give any disciplinary action, such as suspension (LII / Legal Information Institute). Goss v. Lopez also established the proper protocol for teachers to follow when suspending student(s). Now, teachers are not only aware of the students’ rights but also are aware of the possible legal action taken against the school and them (Brubaker). Teachers now have a duty, to not only educate themselves but their students on their rights they still possess while working / attending school (Brubaker).

PERSONAL

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