Last year, upon the thirtieth anniversary of the Supreme Court's decision in Goss v. Lopez, the then-general counsel of the National School Boards Association decried the expansion of Goss from a "three minute give and take" to the "paralysis" of public school discipline. For example, she initially ascribed the following effect to the Goss Court: "By making student discipline a constitutional issue, by elevating it to a 'federal issue,' the court has left educators fumbling away through their daily disciplinary dealings with students wondering and working at their peril." This Article empirically examines Goss and its lower court progeny to determine whether they pose the major problem that is often ascribed to them.
Youssef Chouhoud & Perry A. Zirkel,
The Gross Progeny: An Empirical Analysis,
San Diego L. Rev.
Available at: https://digital.sandiego.edu/sdlr/vol45/iss2/2