When students walk into a school building each day, they enter not only an environment for learning but also a system of rules, expectations, and consequences. While schools must maintain order and discipline to create safe and effective learning spaces, students do not surrender their constitutional rights at the schoolhouse gate. One of the most critical areas where this balance is tested is in the realm of school discipline—particularly when it involves suspensions, expulsions, or other punitive actions. Understanding the legal protections afforded to students in these situations is essential for parents, educators, and the students themselves.
Estelle & Kennedy Law reviews the intersection between school discipline and due process, outlining what legal rights students have when facing disciplinary actions and how those rights are protected under the law.
The Foundation of Students’ Rights: Due Process
The term “due process” originates from the Fifth and Fourteenth Amendments of the U.S. Constitution, which protect individuals from being deprived of “life, liberty, or property, without due process of law.” In the school context, the Supreme Court has affirmed that students have a property interest in their education and therefore cannot be removed from school without appropriate procedural safeguards.
The seminal case in this area is Goss v. Lopez (1975), in which the Supreme Court held that public school students are entitled to due process before being suspended. In the case, several Ohio students were suspended without a hearing, prompting a legal challenge. The Court ruled that even short-term suspensions (up to 10 days) require minimal due process protections: the student must be given notice of the charges and an opportunity to present their side of the story.
Short-Term Suspensions: What Is Required?
For suspensions of 10 days or fewer, the due process protections are considered “minimal but meaningful.” According to Goss, schools must provide the following:
- Notice: The student must be informed of the specific charges against them, including what rules or policies they allegedly violated.
- Explanation of Evidence: The student should be told what evidence exists to support the allegations.
- Opportunity to Respond: The student must have a chance to explain their version of events, typically in an informal meeting with the principal or disciplinary officer.
This process does not require a formal hearing or legal representation, but it does require that schools give students a fair opportunity to respond before imposing punishment. Schools must implement this process promptly—usually within a day or two of the alleged misconduct.
Long-Term Suspensions and Expulsions: Heightened Protections
When a student faces a suspension longer than 10 days or a potential expulsion, due process requirements become more robust. These situations typically involve a formal hearing, and in many states, the process mirrors certain courtroom procedures. Students and parents should expect the following:
- Advance Written Notice: Families must receive written notification of the charges, the proposed disciplinary action, and the time and location of the hearing.
- Access to Evidence: Students should be given an opportunity to review any evidence the school plans to present.
- Right to Be Heard: A formal hearing should allow the student to present witnesses, offer evidence, and cross-examine school witnesses when appropriate.
- Representation: In some jurisdictions, students are allowed to have legal representation at the hearing, especially in expulsion cases.
- Impartial Decision-Maker: The hearing must be conducted by someone who is not biased and who can evaluate the case fairly.
While the exact procedures vary from state to state and even district to district, all must conform to the basic principle that students deserve a fair and reasonable opportunity to defend themselves before being removed from school for a significant period.
Special Protections for Students with Disabilities
Students with disabilities are entitled to additional safeguards under federal laws, including the Individuals with Disabilities Education Act (IDEA) and Section 504 of the Rehabilitation Act. If a student with a disability is facing suspension or expulsion, the school must conduct a manifestation determination review (MDR) to decide whether the behavior in question was a result of the student’s disability.
If it is determined that the behavior was related to the disability, the school cannot impose standard disciplinary actions such as expulsion. Instead, the school must consider modifying the student’s Individualized Education Program (IEP) or placement. These protections prevent students from being unfairly punished for behaviors stemming from conditions like ADHD, autism, or emotional disorders.
Legal Recourse and Appeals
Parents and students who believe a disciplinary action violated due process rights have the right to appeal decisions. Most school districts have administrative appeal procedures, and in more serious cases, students can seek judicial review in court.
Furthermore, families can file complaints with state education departments or the U.S. Department of Education’s Office for Civil Rights if they believe discrimination played a role in the disciplinary decision.
Disparities and Ongoing Concerns
Despite these protections, disparities persist in how school discipline is applied. Numerous studies have shown that students of color, particularly Black students, and students with disabilities are disproportionately subject to suspensions and expulsions. Advocates argue that implicit bias and zero-tolerance policies contribute to a school-to-prison pipeline that undermines students’ long-term success.
Because of these issues, there has been a growing movement toward restorative justice approaches and positive behavioral interventions, which emphasize accountability and repair rather than exclusion and punishment.
Know Your Rights, Advocate for Fairness
Understanding due process rights in the school discipline context is not just a legal exercise—it’s a critical part of ensuring equity and fairness in education. Whether facing a minor suspension or a potential expulsion, students have the right to be heard, to understand the charges against them, and to receive fair treatment. Parents and educators must work together to uphold these rights and advocate for systems that support—not penalize—students.
Knowing and understanding the rules, seeking help when needed, and pushing for reforms when rights are violated are all necessary steps toward a more just and effective school discipline system.