Pervis V. LaMarque Independent School
466 F.2d 1054 (1972)
Background
Lee Purvis and Catherine McGrue, 11th graders in high school received numerous infractions. Pervis was suspended on February 9 and McGrue on February 16 for the remainder of the school term. Pervis’ mother was informed of the suspension and the specific infractions allegedly committed without mention of any right to a hearing or to an appeal of the decision. McGrue’s mother was informed of her suspension without alleging the infractions but notifying her to contact the principal if there was evidence she wished to present and appeal to the LaMarque Board of Trustees. No hearing took place prior to the suspensions. Suit was initiated in Federal Court who refused a temporary restraining order and suggested a hearing be conducted. A hearing was held where the Board affirmed the suspensions.
Relevancy for School Disciplinary Hearings
Whether due process is satisfied when students who have been suspended from February to the end of the term are not given a hearing until May?
Held
Fundamental due process requires that a student must be given a fair hearing before he may be expelled from school.
The court held that the district court erred in stating that “the absence or deficiency of an initial hearing may be cured by a valid subsequent hearing. The judgment of the lower court was reversed and the district court entered an order requiring that the school records be expunged of any reference to the suspensions.