Document Type

Article

Publication Date

1972

Publication Information

3 Seton Hall L. Rev. 523 (1971-1972)

Abstract

Tibbs v. Board of Education is the latest in a series of cases expanding the rights of high school students threatened with either expulsion or indefinite suspension. Although in most states a hearing is not explicitly required for student expulsion, recent cases have held that high school students are entitled to at least those "rudimentary elements of fair play" inherent in due process.

The safeguards now guaranteed by the decision in Tibbs are significant mainly because so few procedural rights were afforded secondary school pupils in the recent past. In the areas of appointed counsel and limitation of interim suspension, however, there must be further action before students are truly guaranteed procedural due process.

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