Brief Fact Summary. Students of the city public school system were suspended from school without a hearing either before or shortly after the suspensions.
Synopsis of Rule of Law. Student’s have a legitimate property right in their education, which is protected by the Due Process Clause. This right cannot be taken away without appropriate procedural hearings.
Accordingly, a state employee who under state law, or rules promulgated by state officials, has a legitimate claim of entitlement to continued employment absent sufficient cause for discharge may demand the procedural protections of due process.View Full Point of Law
Issue. Did the Columbus Public School System violate the Appellees’ due process rights when it suspended each without having a hearing?
Held. Yes. Ohio may not withdraw the right to an education on the grounds of misconduct absent fair procedures to determine if the misconduct has occurred.
Dissent. The majority has created a new constitutional right for school aged children. They cannot be suspended without a hearing. This case removes the control of the classroom from the trained educational administrators and imposes judicial interference.
Discussion. The majority provides students with a manner of protecting their right to attend school by making the administrators document the misconduct and provide the report to the student’s parents. At that point, the student may choose to refute the allegation and request a hearing. This protects the rights, but also gives the administrators the freedom to discipline children as necessary and maintain order in the schools.