Constitutional Law for Kids by Ursula Furi-Perry

Author:Ursula Furi-Perry
Language: eng
Format: epub
Publisher: American Bar Association
Published: 2013-03-15T00:00:00+00:00

The Court noted that the right to an education was indeed a fundamental right, and that before a school could take that right away (by suspending or expelling a student, for instance), it must provide notice and a hearing in order to comply with procedural due process requirements. The Court noted that the most fundamental requirement of due process is notice and the opportunity to be heard, which can only be made meaningful by granting some sort of hearing to students before depriving them of their right to an education. (Of course, the Court recognized that there are instances in which an immediate hearing cannot be given, such as situations where a student is posing an immediate danger or disruption; in those instances, reasonable exceptions may be allowed.)

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