goss
lopez
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decided
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appellee
ohio
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days
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brought
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action
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school
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ohio
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permitting
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order
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appellees
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pp
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extend
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pp
white
delivered
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stewart
marshall
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burger
blackmun
rehnquist
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post
thomas
bustin
argued
cause
appellants
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james
hughes
robert
bell
patrick
mcgrath
peter
roos
argued
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school
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curiae
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curiae
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david
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tractenberg
david
rubin
william
hodes
national
committee
citizens
education
et
al
alan
levine
melvin
wulf
joel
gora
american
civil
liberties
union
robert
kapp
stephen
browning
nathaniel
jones
national
association
advancement
colored
people
et
al
marian
wright
edelman
children
defense
fund
washington
research
project
et
al
justice
white
delivered
opinion
appeal
various
administrators
columbus
ohio
public
school
system
cpss
challenges
judgment
federal
declaring
appellees
various
high
school
students
cpss
denied
due
process
law
contrary
command
fourteenth
amendment
temporarily
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high
schools
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hearing
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prior
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administrators
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records
ohio
law
rev
code
ann
provides
free
education
children
ages
six
section
code
empowers
principal
ohio
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school
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days
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imposition
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case
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issued
written
procedure
applicable
suspensions
far
record
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individual
high
schools
involved
case
however
formally
informally
described
conduct
suspension
imposed
nine
named
appellees
alleged
suspended
public
high
school
columbus
days
without
hearing
pursuant
filed
action
columbus
board
education
various
administrators
cpss
complaint
sought
declaration
unconstitutional
permitted
public
school
administrators
deprive
plaintiffs
rights
education
without
hearing
kind
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due
process
component
fourteenth
amendment
also
sought
enjoin
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school
officials
issuing
future
suspensions
pursuant
require
remove
references
past
suspensions
records
students
question
proof
established
suspensions
arose
period
widespread
student
unrest
cpss
february
march
six
named
plaintiffs
rudolph
sutton
tyrone
washington
susan
cooper
deborah
fox
clarence
byars
bruce
harris
students
high
school
suspended
days
account
disruptive
disobedient
conduct
committed
presence
school
administrator
ordered
suspension
one
tyrone
washington
among
group
students
demonstrating
school
auditorium
class
conducted
ordered
school
principal
leave
refused
suspended
rudolph
sutton
presence
principal
physically
attacked
police
officer
attempting
remove
tyrone
washington
auditorium
immediately
suspended
four
students
suspended
similar
conduct
none
given
hearing
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operative
facts
underlying
suspension
together
parents
offered
opportunity
attend
conference
subsequent
effective
date
suspension
discuss
student
future
two
named
plaintiffs
dwight
lopez
betty
crome
students
central
high
school
mcguffey
junior
high
school
respectively
former
suspended
connection
disturbance
lunchroom
involved
physical
damage
school
property
lopez
testified
least
students
suspended
school
day
also
testified
party
destructive
conduct
instead
innocent
bystander
one
school
testified
regard
incident
evidence
record
indicating
official
basis
concluding
otherwise
lopez
never
hearing
betty
crome
present
demonstration
high
school
one
attending
arrested
together
others
taken
police
station
released
without
formally
charged
went
school
following
day
notified
suspended
period
one
school
testified
respect
incident
record
disclose
mcguffey
junior
high
school
principal
went
making
decision
suspend
crome
disclose
information
decision
based
clear
record
hearing
ever
held
testimony
respect
suspension
ninth
named
plaintiff
carl
smith
school
files
also
silent
suspension
although
named
plaintiffs
files
contained
either
direct
references
suspensions
copies
letters
sent
parents
advising
suspension
basis
evidence
declared
plaintiffs
denied
due
process
law
suspended
without
hearing
prior
suspension
within
reasonable
time
thereafter
ohio
rev
code
ann
regulations
issued
pursuant
thereto
unconstitutional
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suspensions
ordered
references
plaintiffs
suspensions
removed
school
files
although
imposing
upon
ohio
school
administrators
particular
disciplinary
procedures
leaving
free
adopt
regulations
providing
fair
suspension
procedures
consonant
educational
goals
schools
reflective
characteristics
school
locality
district
declared
minimum
requirements
notice
hearing
prior
suspension
except
emergency
situations
explication
stated
relevant
case
authority
permit
mmediate
removal
student
whose
conduct
disrupts
academic
atmosphere
school
endangers
fellow
students
teachers
school
officials
damages
property
require
notice
suspension
proceedings
sent
student
parents
within
hours
decision
conduct
require
hearing
held
student
present
within
hours
removal
finally
stated
respect
nature
hearing
relevant
cases
required
statements
support
charge
produced
student
others
permitted
make
statements
defense
mitigation
school
need
permit
attendance
counsel
defendant
school
administrators
appealed
decision
order
granted
plaintiffs
request
injunction
ordering
defendants
expunge
records
jurisdiction
appeal
pursuant
affirm
ii
outset
appellants
contend
constitutional
right
education
public
expense
due
process
clause
protect
expulsions
public
school
system
position
misconceives
nature
issue
refuted
prior
decisions
fourteenth
amendment
forbids
state
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person
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property
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process
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entitling
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regents
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state
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state
law
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state
officials
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claim
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employment
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process
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higginbotham
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kennedy
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white
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process
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vein
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process
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rev
code
ann
supp
direct
local
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residents
five
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age
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year
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ohio
rev
code
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true
code
permits
school
principals
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days
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education
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marshall
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children
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schoolhouse
door
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des
moines
school
fourteenth
amendment
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state
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west
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board
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wisconsin
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board
regents
roth
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school
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appellees
school
periods
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harlan
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connecticut
board
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cafeteria
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arkansas
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many
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authorities
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power
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rules
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disciplinary
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institution
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student
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mcgrath
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schools
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students
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qualifying
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process
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student
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board
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occur
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follows
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rule
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hearing
precede
removal
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school
agree
district
however
recurring
situations
prior
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hearing
insisted
upon
students
whose
presence
poses
continuing
danger
persons
property
ongoing
threat
disrupting
academic
process
may
immediately
removed
school
cases
necessary
notice
rudimentary
hearing
follow
soon
practicable
district
indicated
holding
believe
imposed
procedures
school
disciplinarians
inappropriate
classroom
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instead
imposed
requirements
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less
school
principal
impose
upon
order
avoid
unfair
suspensions
indeed
according
testimony
principal
high
school
school
informal
procedure
remarkably
similar
require
applicable
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generally
followed
case
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well
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resources
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escalating
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student
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solely
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exceeding
days
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school
term
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suspension
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therefore
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statute
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without
notice
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judgment
affirmed
footnotes
according
testimony
phillip
fulton
principal
one
high
schools
involved
case
informal
procedure
applicable
high
school
provided
routine
case
misconduct
occurring
presence
teacher
teacher
describe
misconduct
form
provided
purpose
send
student
form
principal
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principal
obtain
student
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teacher
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teacher
oral
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apparently
presence
student
fulton
testified
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still
existed
teacher
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believed
principal
arrive
disciplinary
decision
based
plaintiffs
sought
bring
action
behalf
students
columbus
public
schools
suspended
february
class
action
declared
accordingly
since
complaint
sought
restrain
enforcement
operation
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school
receiving
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funds
section
education
amendments
pub
stat
supp
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adding
general
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state
board
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board
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cd
cal
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justice
powell
chief
justice
justice
blackmun
justice
rehnquist
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dissenting
today
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ohio
statute
permits
student
suspensions
school
without
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ten
days
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judicial
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public
schools
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first
time
federal
courts
rather
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officials
state
legislatures
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antonio
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provide
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age
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children
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record
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completed
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appellees
suspension
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practice
school
authorities
determining
appropriate
duration
suspensions
statute
allows
superintendent
principal
public
school
suspend
pupil
ten
days
italics
supplied
requires
notification
parent
guardian
writing
within
hours
suspension
section
also
provides
authority
expulsion
pupils
requires
hearing
thereon
school
board
upon
request
parent
guardian
rights
pupils
expelled
involved
case
concerns
limited
discretion
school
authorities
suspend
days
expulsion
usually
resulting
least
loss
school
year
semester
incomparably
serious
matter
brief
suspension
traditionally
used
principal
sanction
enforcing
routine
discipline
ohio
statute
recognizes
distinction
speaks
exclusion
educational
process
trivial
period
ante
opinion
makes
clear
even
one
day
suspension
invokes
constitutional
procedure
mandated
today
apparently
reads
ohio
law
implication
qualification
suspensions
may
imposed
cause
thereby
analogizing
case
civil
service
laws
considered
arnett
kennedy
sure
one
may
assume
pupils
suspended
whim
caprice
school
official
statute
provide
notice
suspension
reasons
therefor
statute
draws
sharp
distinction
suspension
far
drastic
sanction
expulsion
hearing
required
latter
follow
analysis
one
must
conclude
legislature
nevertheless
intended
without
saying
suspension
also
consequence
may
imposed
cause
justified
hearing
unsoundness
reading
sort
requirement
statute
apparent
comparison
arnett
case
congress
expressly
provided
nonprobationary
federal
employees
discharged
cause
requirement
reflected
congressional
recognition
seriousness
discharging
employees
simply
analogy
termination
nonprobationary
employment
civil
service
employee
suspension
public
school
pupil
days
even
correct
implying
concept
justifiable
cause
ohio
procedure
hardly
stretched
constitutional
proportions
found
present
arnett
indeed
quotes
portion
justice
frankfurter
concurrence
refugee
committee
mcgrath
explicitly
refers
person
jeopardy
serious
loss
see
ante
emphasis
supplied
de
minimis
standard
referred
relevant
case
standard
first
stated
justice
harlan
concurring
opinion
sniadach
family
finance
quoted
opinion
fuentes
shevin
sniadach
fuentes
however
involved
resolution
property
disputes
two
private
parties
claiming
interest
property
neither
case
pertained
interest
conferred
state
app
testimony
norval
goss
director
pupil
personnel
see
opinion
supp
sd
ohio
see
also
wisconsin
constantineau
quoting
grievous
loss
standard
first
articulated
committee
mcgrath
supra
dissent
first
amendment
issue
justice
harlan
recognized
basic
agreement
limited
role
judiciary
overseeing
school
disciplinary
decisions
reluctant
believe
disagreement
majority
proposition
school
officials
accorded
widest
authority
maintaining
discipline
good
order
institutions
see
generally
bailey
disruption
urban
secondary
schools
summarizes
recent
surveys
school
disruption
syracuse
university
study
example
found
schools
responding
reported
type
significant
disruption
years
amicus
brief
filed
children
defense
fund
least
junior
senior
high
school
students
sampled
suspended
one
times
school
year
data
conclusion
rests
obtained
extensive
survey
prepared
office
civil
rights
department
health
education
welfare
children
defense
fund
reviewed
suspension
data
five
arkansas
maryland
new
jersey
ohio
south
carolina
likewise
amicus
brief
submitted
several
school
associations
ohio
indicates
number
suspensions
significant
students
school
enrollment
suspended
cincinnati
students
suspended
akron
students
suspended
cleveland
see
also
office
civil
rights
survey
supra
finding
approximately
students
new
york
city
cleveland
houston
memphis
suspended
least
school
year
even
figures
probably
somewhat
conservative
since
schools
reply
survey
see
generally
dobson
dare
discipline
role
teacher
society
historically
honored
respected
one
rooted
experience
decades
left
us
warm
memories
teachers
especially
formative
years
primary
secondary
education
regard
relationship
student
teacher
manifestly
different
welfare
administrator
recipient
see
goldberg
kelly
motor
vehicle
department
driver
see
bell
burson
debtor
creditor
see
sniadach
family
finance
supra
fuentes
shevin
supra
mitchell
grant
parole
officer
parolee
see
morrissey
brewer
even
employer
employee
see
arnett
kennedy
many
noneducation
settings
purposes
analysis
faceless
administrator
dealing
equally
faceless
recipient
form
government
benefit
license
others
garnishment
repossession
cases
relationship
public
school
system
however
premised
belief
teachers
pupils
faceless
educational
relationship
present
typical
conflict
interest
rather
relationship
traditionally
marked
coincidence
interests
yet
relying
cases
sniadach
fuentes
apparently
views
classroom
teenagers
comparable
competitive
adversary
environment
adult
commercial
world
traditional
factor
due
process
analysis
protection
implicit
office
functionary
whose
conduct
challenged
committee
mcgrath
frankfurter
concurring
public
school
setting
high
degree
protection
since
teacher
responsibility
commitment
pupils
absent
due
process
contexts
recognizes
requirements
imposes
anything
less
school
principal
impose
upon
order
avoid
unfair
suspensions
ante
see
connelly
university
vermont
supp
see
kelley
metropolitan
county
board
education
nashville
supp
md
psychological
injuries
perceived
follows
suspension
blow
student
student
feels
powerless
helpless
student
views
school
authorities
teachers
resentment
suspicion
fear
student
learns
withdrawal
mode
problem
solving
student
little
perception
reasons
suspension
know
offending
acts
committed
student
stigmatized
teachers
school
administrators
deviant
expect
student
troublemaker
future
doubt
school
modern
psychological
psychiatric
persuasion
maintains
discipline
young
detrimental
whatever
one
may
think
wisdom
unproved
theory
hardly
affords
dependable
support
constitutional
decision
moreover
even
theory
proponents
concede
magnitude
injury
depends
primarily
upon
individual
child
teenager
classroom
reprimand
teacher
may
traumatic
shy
timid
introvert
expulsion
aggressive
rebellious
extrovert
view
tend
lose
sense
perspective
proportion
case
kind
average
normal
children
vast
majority
suspension
days
simply
detriment
commonplace
occurrence
students
suspended
leaves
scars
affects
reputations
indeed
often
may
viewed
young
badge
distinction
welcome
holiday
estimate
supplied
national
school
board
association
washington
see
office
education
elementary
secondary
public
school
statistics
half
dozen
years
ago
extended
first
amendment
rights
limited
circumstances
public
school
pupils
justice
black
dissenting
viewed
decision
ushering
entirely
new
era
power
control
pupils
elected
officials
state
supported
public
schools
ultimate
effect
transferred
tinker
des
moines
school
thought
justice
black
unduly
concerned
prophecy
fulfilled
years
since
tinker
literally
hundreds
cases
schoolchildren
alleging
violation
constitutional
rights
flood
litigation
pupils
school
authorities
triggered
narrowly
written
first
amendment
opinion
well
joined
facts
one
speculate
extent
public
education
disrupted
giving
every
schoolchild
power
contest
decision
made
teacher
arguably
infringes
right
education