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1. Is due process required prior to an afterschool detention? Why or why not? You must support your position with examples from case law, the U.S. Constitution, or other readings.
2. Describe three aspects of due process for a school seeking to suspend a student with disabilities. Refer to the readings in this topic for further assistance.
Due process is generally not required prior to an afterschool detention. The constitutional requirement for due process, as established by the Supreme Court, is triggered only when a student faces a "significant deprivation" of a protected property or liberty interest. An afterschool detention is considered a de minimis (minimal) punishment that does not meet this threshold.
This position is supported by the landmark Supreme Court case, Goss v. Lopez (1975). In this case, the Court held that students facing a short-term suspension (10 days or less) are entitled to minimal due process protections, specifically, notice of the charges against them and an opportunity to present their side of the story. However, the Court explicitly distinguished between such a suspension and more minor penalties. The majority opinion noted, "We should not think of the school as a civil service or prison where the due process clause has been a tool for