Reasonable grounds to believe that a particular student locker contains evidence of a violation of the law or school rules will generally justify a search of that locker. In addition, some courts have upheld written school policies that authorize school officials to inspect student lockers at any time.
Fact Sheet
Legal Questions on Suspension and Expulsion
The following questions and answers briefly describe several Federal requirements that apply to the use of suspension and expulsion as disciplinary tools in public schools. These may not reflect all laws, policies, and judicial precedents applicable to any given school district. School officials should consult with legal counsel to determine the application of these laws in their schools and to ensure that all legal requirements are met.
What Federal procedural requirements apply to suspension or expulsion?
- The Supreme Court has held that students facing suspension or expulsion from school are entitled under the U.S. Constitution to the basic due process protections of notice and an opportunity to be heard. The nature and formality of the "hearing" to be provided depend on the severity of the sanction being imposed.
- A formal hearing is not required when a school seeks to suspend a student for 10 days or less. Due process in that situation requires only that:
- —the school inform the student, either orally or in writing, of the charges and of the evidence to support those charges;
- —the school give the student an opportunity to deny the charges and present his or her side of the story;
- —as a general rule, the notice to the student and a rudimentary hearing should precede a suspension unless a student's presence poses a continuing danger to persons or property, or threatens to disrupt the academic process. In such cases, the notice and rudimentary hearing should follow as soon as possible after the student's removal.
- More formal procedures may be required for suspensions longer than 10 days and for expulsions. In addition, Federal law and regulations establish special rules governing suspensions and expulsions of handicapped students.
- · States and local school districts may require additional procedures.
Can students be suspended or expelled from school for use, possession, or sale of drugs?
Generally, yes. A school may suspend or expel students in accordance with the terms of its discipline policy. A school policy may provide for penalties of varying severity, including suspension or expulsion, to respond to drug-related offenses. It is helpful to be explicit about the types of offenses that will be punished and about the penalties that may be imposed for particular types of offenses (e.g., use, possession, or sale of drugs). Generally, State and local law will determine the range of sanctions permitted.