Washington Law Review


Philip Talmadge


The extension of fourteenth amendment due process rights to students in the public schools is a relatively recent phenomenon in educational law. In contrast to the earlier emphasis upon student responsibilities, there is now an increasing recognition of student constitutional rights. In Washington, legislation and administrative rules promulgated by the State Board of Education have conferred the basic protections of constitutional due process upon pupils from kindergarten through high school. This note will discuss the effect of these enactments on the rights of students and on the educational environment in Washington. Following an examination of the Washington regulatory framework, three areas will be discussed: (1) the significance of the Washington method of establishing student rights primarily by administrative rules; (2) the constitutional requirements of procedural due process in the educational setting; and (3) the effect of the administrative rules on the doctrine of in loco parentis in Washington.

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