The legal status of due process post Goss v. Lopez

The purpose of the study was to update the legal status of the due process rights of students since the Goss v. Lopez decision. Using available state and federal appellate court decisions, legal periodicals, texts related to educational law and other related documents, a determination of the status was made.; The Goss decision held that due process is required when a student is to be suspended for ten (10) days or less. The student is to be given written or oral notice of the charges against him. If the student denies the charges, then he is given an opportunity to hear the evidence authorities have and the opportunity to present his version. School authorities were also given the right to immediately invoke suspension if the student presented a danger to himself or to others.; An update of the current status of the due process rights of secondary students resulted in the following findings: (1) The minimum requirements in the Goss decision have not been overturned. (2) Goss procedures have been cited in connection with procedures related to the suspension and expulsion of handicapped students who have the additional protection of Public Law 94-142, known as the Education for All Handicapped Children Act of 1975 (EAHCA). (3) Case analysis consistently revealed that the court will not substitute its judgment for that of school officials as long as the Goss requirements are followed and there is no direct or indirect violation of students' rights. (4) While Goss procedures are firmly embedded in the law, administrators should expect that litigation will continue as plaintiffs seek extension of those rights. Decisions revealed that plaintiffs seek to have property interests extended to bus rides and extracurrcicular activities, particularly athletics. (5) While all court decisions are not binding, except where federal law prevails, attention to decisions from other circuits serve as predictors for administrators who may face similar situations. (6) Most litigation occurred based on procedural issues, such as the form and adequacy of notice, double suspensions, and involuntary reassignment.