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Education Law - Essay Example

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The District officials from Derby Unified School were successful in the lawsuit regarding the student’s suspension because they were able to prove that the student’s behaviour interfered with other students’ rights for security. Darby Unified School had an approved policy…
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Education Law
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Education Law

Download file to see previous pages... The significance of the case is to show that school authorities should ensure that the off-campus rules they implement need clear wording, applied and interpreted for students who do not understand them. The case is an excellent example for school authority officials and for students showing what happens in instances when school rules get breached. The student was not suspended from carrying out other school activities and functions, but got suspended from the baseball team as punishment for being in possession of alcohol.
The violation of school rules warrants different punishments. However, certain factors have to be considered before enforcing such punishments. The first factor is the seriousness of the offense. Other factors such as the student’s age, the student’s code adopted by the board, the attitude and how often the student commits the offense are also important to assess. Lastly, the other two factors include requirements of chapter 37 of the education code and the potential effect that the student’s misconduct has on the school environment.
The first concept is that the state has to take action (Lesson 3). For example, a teacher from a private school who gets fired without getting a notice from the school’s board of team members has the right to complain for contractual breach. In such an instance the school becomes liable for a lawsuit because it violates its own policies. The second concept is that the person must have been dispossessed of his or her property or liberty by the state for the court to accept that there has been a violation of due process. In this case, the state is liable for violation of due process because of breaching the contract formed between it and the person. The third concept is that the nature of due process is dependent on how severe the problem is in a case. In a case where a person has killed another person and gets sentenced to life imprisonment or death penalty, the state is liable for ...Download file to see next pagesRead More
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