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Student Discipline

The Fourteenth Amendment says that everyone is entitled to "due process of law." This means we have a right to be treated fairly when accused of wrongdoing by the government.

What does "due process" mean in public schools?

Due process means that the school can’t give you a serious punishment—like a suspension or expulsion—without first having followed “fair procedures” to determine if you are guilty. These include:

  • Telling you exactly what you are accused of doing wrong;
  • Telling you exactly what the punishment will be; and
  • Giving you a chance to tell your side of the story before punishing you.

The school also can’t punish you more severely than other students for the same offense, without good reason. And if you’re found guilty of something, the punishment can’t be more serious than the misconduct was. For example, your school can’t suspend you for just a minor violation.