Students Opportunity to Be Heard Before Being Transferred to An Alternative Education Setting
In Goss v. Lopez, 419 U.S. 565, 42 L. Ed. 2d 725, 95 S. Ct. 729 (1975) the Supreme Court explained that the fundamental requirement of due process is the opportunity to be heard in a hearing that is appropriate for the situation presented.
Recognizing the difficulties faced by "vast and complex" schools and the need for school officials to maintain order, the Supreme Court nevertheless required that effective notice and some informal hearing be afforded a disciplined student to allow for "a meaningful hedge against erroneous action." Id., 419 U.S. at 583.
Thus the Court holds that the absence of any opportunity for returning students to challenge their transfer to an alternative education setting violates due process.