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Students do not have the same rights inside the schoolhouse gate as they have outside, nor do they forfeit all of their rights.
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Respecting these rights is part of being an ethical and humane leader.
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One definitive characteristic of all good schools, regardless of grade level, location, or demographic makeup, is a reasonably orderly environment. However, not all orderly schools are good schools.

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Two of the values that underpin and influence policy making in the United States are order and liberty.
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These values often conflict. Students are often required to forfeit certain liberty interests in the name of good order and discipline.

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Due process is a legal principal that considers the manner of fair and adequate procedures for making decisions.
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There are two forms of due process
- Procedural due process considers the sequence of steps taken by school officials in reaching a decision.
- Substantive due process considers the fairness of a decision and involves such concepts as adequate notice, consistency of standards, how evidence was collected and applied to the decision, and the rationality of the decision.

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Supreme Court has held that students facing temporary suspension have the same rights to due process and students who are expelled.
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Guidelines for student suspensions of ten days or less:
- student must be oral or written notice of the charges. In other words, the student has the right to know what rule has been broken.
- If the student denies the charges, an explanation of the evidence the authorities have and an opportunity for the student to present his or her version of the events is required.
- These steps may be taken immediately following the misconduct or infraction that may result in suspension.

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Due process and practices are designed to pose a check on improperly denying a student the right to a public education.
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Courts have supported the practice of students not being allowed to make up work because of suspension.
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Miranda warnings are not required when a student is questioned even if a police officer is present.
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Suspensions or expulsions from school longer than ten days require more elaborate due process requirements.

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Is the process fair and reasonable? Usually involves four questions.
- Does the rule or policy provide adequate notice of what conduct is prohibited?
- Does the rule or policy serve a legitimate educational purpose?
- Is the consequence reasonably or rationally connected to the offense?
- Is the rule or policy applied equitably?

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Only corporal punishment that “shocks the conscience” is actionable.
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Excessive force to maintain order may violate student substantive due process.

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Courts are generally supportive of school officials’ authority to develop and enforce reasonable rules for student conduct on school grounds and at schoolsponsored activities.
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Most courts require a link between the off-campus behavior and disruption of the school environment.

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The Gun-Free Schools Act of 1914 requires schools to have a policy mandating a minimum one-year expulsion for students who bring firearms to school.
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NCLB also added:
- Expulsion for possession of a firearm.
- Any modifications to expulsions under GFSA must be in writing.
- Exceptions are made for lawfully stored firearms inside a locked vehicle.
- Firearms include other dangerous devices such as bombs, rockets, and grenades.
- Disciplinary actions against IEP students must comply with IDEA.
- Expelled students may be provided with educational services in an alternative setting.

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States must meet the minimum standards established by
GFSA. However, more stringent mandates may be imposed.
- Can expel or deny admission to any student charged or convicted anywhere.
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GFSA is not a zero-tolerance law.
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Courts have been supportive of properly administered zero tolerance policies.

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Threat assessment is composed of two parts: threat inquiry and threat investigation.
- Threat inquiry is carried out by school officials or a schoolbased threat assessment team.
- Threat investigation is carried out by community agencies such as law enforcement.
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Both ask the same question, “Does this student pose a danger?”
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Threat investigation also asks, “Has this student broken the law?”

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FERPA does allow for the sharing of educational information in situations where there is an immediate need in order to protect the health or safety of the student or others.

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Activity associations have not traditionally received state funding and have not been considered state actors by the courts.
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As a state actor, associations would be subject to the
U.S. Constitution, and association bylaws would be open to judicial review. See Brentwood Academy vs.
TSSAA.