Monday, January 17, 2022

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Article Index

Article Outline
Note this article includes two very specific short excerpts from § 1, § 2   and § 3 . Please check the full document.

I Background
§ 1 Introduction; scope of article
§ 1.3 Drug testing
§ 1.5 Zero tolerance and strict liability policies
§ 2 Student rights and responsibilities; generallly
§ 2.5 Search and seizure law
§ 3 Code of student conduct; due process rights of students
§ 3.5 Code of student conduct; due process rights of students—Equal protection rights of students; discrimination claims
§ 3.7 Due process rights of parents
§ 4 School board requirements in expulsion hearings
§ 5 Pre-hearing administrative requirements
§ 6 Expulsion hearing proceedings
§ 6.5 Injunctive relief
§ 7 Record of expulsion proceedings; judicial review
§ 8 Sovereign immunity
§ 9 Defense considerations
§ 9.1 First Amendment defenses—Generally
§ 9.3 First Amendment defenses—Threats
§ 9.5 IDEA and ADA defenses

II Elements of Damages
§ 10 Generally
§ 11 Elements of damages recoverable against school official for wrongful expulsion of student; checklist

III Elements of Proof
§ 12 Proof that school board improperly expelled student from school; checklist

IV Model Discovery
§ 13 Plaintiff's interrogatories to defendant
§ 14 Plaintiff's request for production of documents to defendant

V Proof That School Board Improperly Expelled Student from School
A Testimony of Plaintiff
§ 15 Initial activities of plaintiff with other student
§ 16 Initial involvement of plaintiff with teachers and administrators
B Testimony of School Administrator
§ 17 Response to student confrontation; initial expulsion procedures
C Testimony of Expert Witness
§ 18 Qualification as expert
§ 19 Defendant's failure to properly investigate plaintiff's case
§ 20 Defendant's failure to properly prosecute plaintiff's case
§ 21 Statutory standard of administrative procedures
§ 22 School board policies and procedures
§ 23 Defendant school board's failure to follow accepted standards and guidelines
§ 24 Plaintiff's damages

VI Bibliography

Research References

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