Wednesday, March 12, 2014
The dramatic rise in suspensions and expulsions over the past two decades is unlikely to be news to anyone reading this blog, but what may be interesting is the near complete disengagement of courts from reviewing school discipline, including the expulsion of otherwise innocent students and those who have engaged in trival behavior. My new article, The Constitutional Limit of Zero Tolerance in Schools, argues that basic principles of substantive due process, when taken seriously, limit the zero tolerance. The full article is available here. I would welcome thoughts and feedback from anyone cares to offer it.