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tion <strong>of</strong> the limitation on numbers or on lengths <strong>of</strong><br />

suspensions. And there was no clear provision for<br />

a hear<strong>in</strong>g or conference when a student is suspended.<br />

The state law requires all these th<strong>in</strong>gs. ,ol<br />

In Davenport, Iowa, one assistant pr<strong>in</strong>cipal reported<br />

that when they are suspended, "I don't tell<br />

kids their rights. Come to th<strong>in</strong>k <strong>of</strong> it, I never thought<br />

ab<strong>out</strong> it. "102<br />

It is the pr<strong>in</strong>cipal's responsibility to ma<strong>in</strong>ta<strong>in</strong><br />

safety and order <strong>in</strong> his build<strong>in</strong>g. He sets the tone<br />

for his teachers and is held accountable for problems<br />

that arise. As his <strong>school</strong> is compared to others, it<br />

is likely that he will want his record to be as clean<br />

as possible. He may want to get rid <strong>of</strong> students who<br />

will blemish that record. Overcrowded <strong>school</strong> populations,<br />

small budgets, and limited staff abet this<br />

tendency to exclude troublesome <strong>children</strong>. But present<br />

methods for ma<strong>in</strong>ta<strong>in</strong><strong>in</strong>g order which deprive<br />

<strong>children</strong> <strong>of</strong> education must be scrut<strong>in</strong>ized. If <strong>children</strong><br />

are <strong>in</strong>nocent and have no opportunity to prove<br />

it, they will be bewildered, frustrated, and angry. If<br />

they are guilty but punished <strong>in</strong> an unfair fashion<br />

with<strong>out</strong> a chance to present their side and to learn<br />

from the experience, they will resent and disrespect<br />

the punish<strong>in</strong>g authority. Not only do arbitrary suspensions<br />

fail to serve a discipl<strong>in</strong>ary purpose, they<br />

disserve that purpose. School adm<strong>in</strong>istrators, therefore,<br />

have an <strong>in</strong>terest <strong>in</strong> prevent<strong>in</strong>g them that runs<br />

parallel to the <strong>in</strong>terest <strong>of</strong> their students. Unfair or<br />

mistaken suspensions also disserve the overrid<strong>in</strong>g<br />

<strong>school</strong> purpose <strong>of</strong> educat<strong>in</strong>g <strong>children</strong>.<br />

Schools must ma<strong>in</strong>ta<strong>in</strong> environments conducive to<br />

learn<strong>in</strong>g, but not at the expense <strong>of</strong> <strong>in</strong>dividuals' rights.<br />

A first step <strong>school</strong> <strong>of</strong>ficials must take to avoid arbitrary<br />

exclusion from <strong>school</strong> is to establish fair discipl<strong>in</strong>ary<br />

procedures. A second step would be to<br />

elim<strong>in</strong>ate the many <strong>of</strong>fenses like smok<strong>in</strong>g or truancy<br />

that do not seriously threaten or pose harm to<br />

others. Only the most serious conduct should be a<br />

basis for thro.w<strong>in</strong>g a child <strong>out</strong> <strong>of</strong> <strong>school</strong>.<br />

101 See Appendix V.<br />

102 Interview with Randall Deer, Assistant Pr<strong>in</strong>cipal, J.B.<br />

Young Junior High School, Davenport, Iowa, 11/9/73.<br />

There is a special irony <strong>in</strong> this statement s<strong>in</strong>ce the first<br />

major students' right case to reach the U.S. Supreme Court<br />

was brought <strong>in</strong> Iowa. See T<strong>in</strong>ker v. DesMo<strong>in</strong>es Independent<br />

Community School District, 393 U.S. 503 (1969).<br />

140

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