Theu.s V. Lopez, The United States Supreme Court

854 WordsNov 7, 20154 Pages
I. INTRODUCTION In 1975, the United State Supreme Court held that state law could provide students a property interest in their education, but forty years have passed and courts remain uncertain of when such an interest exists. In Goss v. Lopez, the United States Supreme Court extended due process protections to a group of high school students in Ohio. The Court determined that Ohio state law provided the high school students a property interest in their continued enrollment at the school, and that such an interest was protected under the due process clause. The Goss decision came during a time when a due process revolution was happening in the United States. During this revolution, the Supreme Court recognized many new property interests in government benefits as the basis for due process claims. Since Goss, many students have brought due process claims against their schools, but lower courts have struggled to answer the question of when a student’s interest in education rises to the level of a property interest under Goss. Lower courts have adopted one of three approaches to determine whether a student has a property interest in education. Under the first approach, the state-specific approach, courts analyze state law to determine whether state law provides students a property interest. Under the second approach, the standalone approach, courts rely on Goss as a basis to provide all students a standalone property interest in education. Under the final

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