The Goss Progeny: A Follow-Up Outcomes Analysis
U.C. Davis Journal of Juvenile Law and Policy 13, no. 2 (Summer 2009): 333-348.
16 Pages Posted: 12 Jul 2016
Date Written: July 3, 2009
Abstract
As the follow up to a recently published study on the frequency and outcomes of the lower court progeny of Goss v. Lopez for the 20-year period 1986 to 2005, this empirical analysis divides these procedural due process rulings into successive groupings—1) those based on the Fourteenth Amendment due process analysis in Goss (labeled “Federal”) compared to those based on state laws that extended, and expanded, the procedural protections for suspensions and expulsions; 2) those concerned with suspensions compared to those concerned with expulsions; and 3) the two subgroups of suspension rulings— Federal versus State Law. Based on the nonparametric, chi-square statistic, this analysis found that the skew in outcomes in favor of district- defendants was significantly more pronounced for these successive comparisons, thus adding further evidence to the original study’ s cautious conclusion that the purported crippling effect on school discipline appears to be attributable to state law expansions of Goss rather than to the Supreme Court’ s interpretation of constitutional due process in the case.
Keywords: procedural due process, school discipline, Goss v. Lopez
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