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About The Battalion. (College Station, Tex.) 1893-current | View Entire Issue (June 12, 1974)
Due process... Student’s right to hearing before suspension on trial The National Education Associa tion has asked the U.S. Supreme Court to require hearings in student suspension cases. Now before the Court is a suit involving suspension of Columbus, Ohio, students follow ing a racial disturbance. NEA declared that “students, like all other members of our soci ety, have a right to fair treatment as required by the due process clause of the Fourteenth Amendment. ” The Court s decision, the brief notes, will have a significant impact on which procedural rights will be made available to students threatened with expulsion or sus pension in the years ahead. In 1971 a special NEA task force produced a code of student rights and respon sibilities detailing procedural rights for students threatened with an ex pulsion or suspension for longer than one day. The brief emphasizes that what is at issue in the court case is not a school administration’s right to sus pend students when the circums tances are appropriate, but only its right to suspend without a hearing. NEA is supporting the case (Goss vs. Lopez) as a friend-of-the-court through its Du Shane Emergency Fund, established to protect the civil and human rights of teachers and students. The Association is THE BATTALION WEDNESDAY. JUNE 12. 1974 joining the National Committee for Citizens in Education and the Edu cational Law Center, Inc. in the brief. The case grew out of the summary suspension of many black high school students in Columbus in February 1971 in the wake of racial disputes involving Black History Week. None of the students, the joint brief indicates, was given even the most rudimentary procedural protections. Some students were never told why they were sus pended. Because of the suspension, all students received zeros for work missed during the period. 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US #1 YEUOW ONIONS . » • DERBY ROYAL APRICOTS ft..! US #1 RED r POTATOES 1. FLORIDA FANCY 4 A CORN ' • 'i? US -I CROOKED NECK SQUASH, rr..: SUNKIST LEMONS. HANDIWRAP ^.49* Double fisH Green Stamps every Tuesday wrtb^Z^Oor more purchase. 4 FINE STORES TO SERVE YOU * 4300 TEXAS AVL * 3516 TEXAS AVE. * 200 E. 24* ST. * *9 Redmond Terrace COLLEGE STATION BRYAN TEXAS Vd^wiHfiwy ixiyn* Page 3 were transferred to other schools as punishment, while permanent no tations of suspension were included in the school records of others. A federal court suit challenged the Ohio statute permitting a public school system to suspend a student for up to 10 days without any hear ing. The court said that a school ad ministration should provide a stu dent written notice of the reasons for the suspension and an opportun ity before suspension to present a defense or explain his or her con duct. If the student’s conduct is be lieved to be disruptive, the hearing must be granted within three days after the suspension begins, the lower court ruled. In view of the defendants failure to follow mini mally acceptable procedures in this case, the court ordered all refer ences to the suspensions involved in the present case deleted from the school records. The City of Columbus appealed the ruling to the Supreme Court. The brief by NEA and co sponsors points out that the appel lants “would teach the children of this nation that our principles of government allow school au thorities to suspend a student for substantial periods of time without giving the student a reason for the suspension or any opportunity to defend in even a rudimentary man ner against the most egregious cases of mistake, bias or overraction by school authorities, even though serious personal consequences to the student may follow.” There were many non emergency cases among the Col umbus suspensions, the brief ar gues, thereby requiring a prior hearing. The City of Columbus had asserted that student disruption al ways creates an emergency. Not only do the suspensions viol ate the due process clause of the Fourteenth Amendment but they also infringe on a protected liberty and property interest of students, since Ohio law requires school at tendance of all children between the ages of 6 and 18, the brief notes. Substantial student interests could be affected by the disruption of scholastic continuity to learn; the ef fect of references to suspensions in school records; and the stigma of suspension. Many school systems —Pittsburgh, Houston, Seattle, and others—have been operating for years on a prior-hearing basis without significant difficulties, the brief points out. Poultry said economical food buy Poultry is a key word now in economical food buying, says Mrs. Gwendolyne Clyatt, consumer marketing information specialist with the A&M Agricultural Exten sion Service. “Fryer production is three per cent larger than last year, and bar gains appear on whole birds, cut ups and select pieces,” the specialist reported. AJLL.EN Oldsmobile Cadillac SALES - SERVICE “Where satisfaction is standard equipment” 2401 Texas Ave. 823-8002 fupfnamlta Eddie Dominguez ’fiG Joe Areiniega ’74' If you want the real thing, not frozen or canned ... 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