[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 2404 Introduced in Senate (IS)]







108th CONGRESS
  2d Session
                                S. 2404

      Entitled the ``Fairness in School Discipline Act of 2004''.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 11, 2004

  Mr. Miller introduced the following bill; which was read twice and 
               referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
      Entitled the ``Fairness in School Discipline Act of 2004''.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Fairness in School Discipline Act of 
2004''.

SEC. 2. PURPOSES.

    The purposes of this Act are--
            (1) to restore moral authority to the public schools and 
        support their efforts to create and maintain an orderly school 
        environment conducive to learning;
            (2) to correct widespread misperceptions regarding Federal 
        due process requirements in the public school context; and
            (3) to enforce the minimum Federal due process obligations 
        of the public schools, pursuant to section 5 of the 14th 
        amendment to the United States Constitution, and in accordance 
        with the interpretation of the due process clause by the United 
        States Supreme Court in Goss v. Lopez (419 U.S. 565 (1975)).

SEC. 3. DUE PROCESS REQUIRED BY FEDERAL LAW.

    (a) Suspensions of 10 Days or Less.--In connection with suspension 
of public school students for 10 days or less, due process requires 
that the principal or her designee explain to the student what he is 
accused of doing and the basis for the accusation and give the student 
an opportunity to tell his side of the story in an informal, non-
adversarial meeting. No right of appeal from the decision of the 
principal is necessary to satisfy this statute. The meeting should 
typically take place before the student is removed from school; 
provided, however, that where the principal or her designee determines 
that the student presents a continuing danger to person or property or 
may be disruptive to the academic process, the student may be removed 
immediately. The procedures described in this subsection shall follow 
soon after the removal.
    (b) Suspensions of More Than 10 Days.--In connection with 
suspension of public school students for more than 10 days, the 
following due process protections are required in addition to those 
described in subsection (a):
            (1) The student and his parent or guardian should be 
        notified of the suspension and be given an opportunity to 
        attend an informal, non-adversarial follow-up meeting with the 
        principal at the school or other location designated by the 
        principal.
            (2) Where the meeting described in subsection (a) does not 
        occur before the student is removed from school, the due 
        process required by subsections (a) and (b)(1) may be afforded 
        the student at one meeting described in subsection (b)(1).
            (3) The student shall be permitted a single appeal of the 
        principal's decision to a body designated by the school board 
        or a school-based committee of teachers, parents and 
        administrators. No right of appeal from the decision of the 
        designated body is necessary to satisfy this statute.
    (c) Waiver.--The student shall be deemed to waive his procedural 
rights by remaining silent, or, where the hearing is held after the 
suspension, shall be deemed to waive his procedural rights by failing 
to appear.
    (d) Other Claims.--Nothing in this Act shall prevent any person 
from bringing a claim based on any other legally cognizable right in a 
court of competent jurisdiction.
    (e) Federal Minimum.--Nothing in this statute should be construed 
to prohibit any State or local government or local education authority 
from providing additional procedural protections not required by 
Federal law.
    (f) Severability.--If any provision of this Act or its application 
to any person or circumstance is held invalid, the invalidity does not 
affect other provisions or applications of this Act that can be given 
effect without the invalid provision or application, and to this end 
the provisions of this Act are declared to be severable.
                                 <all>