Essay Example on Mr. Chief Justice and may it please the court








Mr Chief Justice and may it please the court My name is Kaitlyn Wright and I am representing Goss and the school officials in Columbus Ohio in the case of Goss v Lopez Students from Columbus Ohio public schools were suspended for ten days due to a disturbance in the lunchroom and other disorders and destruction to school property This case first came about in a three judge district court where we then sought to appeal the students claims that their suspensions were unconstitutional The students were not given a hearing and they filed a suit alleging that their suspension was a violation of constitutional rights that were protected under the Fourteenth Amendment right to due process Due process does not occur in the context of scholastic suspensions The courts should leave these matters to educational officials and authorities The codes in Ohio do not provide a foundation for a right not to be suspended without notice and due process That being said the suspension is an entirely traditional thing in the aspects of the history of education Whether it is a student staying after class or a permanent expulsion our educators have a right to protect the well being and knowledge of the other students who choose to learn and use their free education

I thoroughly dismiss the notion that a ten day suspension can have a significant effect on a student's future and that their constitutional protection needs to come into the picture Furthermore a law was not violated here Ohio has a bill put in place that states guidelines a school has to follow in the case of students being suspended 3313 66 The appellees are arguing for the right for a hearing before the suspension and say hat regarding Ohio law education is a right protected by the Fourteenth Amendment's Due Process Clause and that any suspension requires a hearing San Antonio Independent School Dist v Rodriguez 1973 was ruled to show that education is not a right under the constitution Although this was ordered Ohio had elected codes 3313 48 3313 64 that gave free education to those under 21 Ohio codes provide evidence that constitutes the right to education also provides the reason for a principal to suspend a student at a maximum of 10 days This said the laws and codes of Ohio provide evidence that it is right for principles and school official to suspend students and that their rights are not upheld under the constitution Justia Law 1975

The side of Lopez may argue that such suspensions without the students right to due process could do serious harm to a students education in years to come and their future Although this is the essential comment to be raised there is little factual evidence to back this up This so called infringement of education will not and has not affected the appellees that have been given the ten day suspension The ten days they were dismissed from school is less than 5 of their total one hundred and eighty day school year Each of the students given the suspension performed as well as he or she did the previous year without suspension The case of the Board of Regents v Roth 1972 should have surely made this case safeguarded in the eyes of the court In Regents v Roth David Roth was a teacher at the Wisconsin State University he was informed that he was not going to be hired at the end of the year with no explanation given Although Roth argued that his first amendments rights were being taken away that were guarded under the 14 amendment the court settled 5 3 that Roth had no protected interest in continued employment as he had completed his contracted term and therefore was no Fourteenth Amendment protection Stewart 1972

This being stated a brief suspension is less of a consequence compared to David Roth whose job was taken from him in the same situation of a due process clause Justia Law 1975 The due process clause seems to have an arbitrary meaning considering the current safeguards Ohio has in place The laws Ohio already have written notice with the reasons therefor to the student's guardians parents and the Board of Education within 24 hours of a suspension or an expulsion The Court only requires notice to the student with no notice had to be given to the parents of the students suspended or the Board of Education If the Court chooses in favor to require due process procedures whenever these routine school decisions are challenged the impact upon public education will be very meditative The discretion of federal courts in the USA will then be the backup for the minor suspension and expulsion for the thousands of school boards and students Legal Information Institute 1975

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