Award Date

1-1-1978

Degree Type

Dissertation

Degree Name

Doctor of Education (EdD)

Department

Educational Administration and Higher Education

Number of Pages

124

Abstract

This study established the extent to which the state statutes of all 50 states provided for a legal description of the constitutional rights of students and the disciplinary process; The study was descriptive in nature and provided for a systematic analysis of statutory enactment in the area of student rights and the disciplinary process; From an analysis of the local Clark County School District Rules and Regulations on student rights and the disciplinary process, the study progressed to an analysis of the statutes of all 50 states to determine if statutory language contained in the codes conformed to the decisions of the United States Supreme Court in the three landmark cases under consideration in this study; The three landmark cases dealt with the rights of students and the disciplinary process. They were the 1969 case of Tinker v. Des Moines, the 1975 case of Goss v. Lopez, and the 1977 case of Ingraham v. Wright; Tinker dealt with the First Amendment rights of students to freedom of speech and expression while at school while Goss dealt with the Fourteenth Amendment rights of students to due process in school suspension cases. Ingraham dealt with both the Eighth Amendment's prohibition against cruel and unusual punishment as well as the Fourteenth Amendment's requirement of due process as applied to the use of corporal punishment in the public schools; It was found that the statutes of all 50 states varied greatly and that there was little uniformity. It was also found that there was ambiguity in statutory language and that many states failed to clarify who was to assume responsibility for dealing with the issues of student rights as it pertained to the disciplinary process; It was concluded, however, that where states have amended or revamped their codes subsequent to the decisions of the Supreme Court in the three landmark cases, notice was taken of those decisions by the state legislatures; Finally, proposals were made for the inclusion of prototype bills into the statutes of all 50 states designed to assist school officials to implement the law.

Keywords

Constitutional; Disciplinary; Law; Process; Rights; Students

Controlled Subject

School management and organization

File Format

pdf

File Size

5632 KB

Degree Grantor

University of Nevada, Las Vegas

Language

English

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