Section 7.3 Suspension

• Library: School Law (2003 Ed. + 2016 Supp)

B. (§7.3) Suspension

Generally speaking, students may be suspended for conduct that is “prejudicial to good order and discipline in the schools or which tends to impair the morale or good conduct of the pupils.” Section 167.161, RSMo 2000. The school board’s discipline policy should be consistent with this statutory standard. See §7.1 above for information regarding the discipline policy requirements.

In Goss v. Lopez, 419 U.S. 565 (1975), the Supreme Court recognized that a student’s right to public education involves a property and liberty interest protected by the Due Process Clause of the Fourteenth Amendment. Due process requires that, before a student can be suspended for even a short term (ten days or less), the student must be given oral or written notice of the charges against him or her and, if denied, an explanation of the evidence the authorities have and an opportunity to present the student’s version of the story. Id. at 581. There is no obligation to give prior notice to the student’s parents, no right to an attorney, and no right to an appeal. A student who is suspended for more than ten days and whose presence poses a continuing danger to persons or property or an ongoing threat of disrupting the academic process may be immediately removed from school, the Court stated, and the informal conference should follow as soon as practicable. Missouri has codified these requirements in § 167.171.2, RSMo 2000. The Court in Goss suggested that a suspension for more than ten days would require a more formal hearing, and Missouri has codified this, too. Section 167.171.

Principals may summarily suspend students for a period not to exceed ten school days if authorized to do so by the school board. Section 167.171.1. The suspension must be immediately reported to the superintendent, who may revoke the suspension at any time. Id. The superintendent may summarily suspend students for a period not to exceed 180 school days if previously authorized to do so by the school board. When a suspension is for more than ten school days, the student or his or her parents may appeal the superintendent’s decision to the board of education or a committee of the board. Id. An appeal results in an automatic stay of the suspension until the board renders its decision. Section 167.171.2. An exception to the stay rule can be made if the superintendent finds that the pupil’s presence at school creates a “continuing danger to persons or property or an ongoing threat of disrupting the academic process.” Id. A school district must attempt, in good...