Question

4. A State statute empowered public school principals to suspend students for up to ten days without any notice or hearing. A student who was suspended from a public school for ten days challenges the constitutionality of his suspension on the ground that he was denied due process. Was due process denied? Explain.

Answer 1

Answer:

Due process was not denied.

Explanation:

A school can expel a student without a hearing in emergency situations only and the expulsion must be a temporary one - only up to ten days.

This is applicable in emergency situations only ( the student is a threat to others) and the due process ( the hearing of the case) happens after the disciplinary measure.

The due process in law is a constitutional right and it applies to school expulsions as well. Every student, faced with a punishment in form of expulsion from school, has the right to a proper hearing prior to the administration of the sentence.