Accommodation and Adjudication in Student–Administration Conflicts

In this article, we consider a series of U.S. Supreme Court rulings that place public school students under an expansive shield of constitutional rights while often hampering the ability of administrators to engage in flexible and creative conflict resolution in the context of the school's mission. The court's readiness to adjudicate a large range of student–administration conflicts has weakened schools’ ability to pragmatically accommodate conflicts that, by their nature, do not have principled solutions at the level of the law. We argue that as long as adjudication is the privileged course of action, the court seems locked into a philosophical zigzag, now endowing 8th graders with due process and constitutional rights, now framing them as mere “subjects.” To strengthen schools as educational and moral institutions, school leaders need to be able to construct systems of accommodation that are sensitive to their special educational nature and mission

Accommodation · Adjudication · Arbitration · Court of equity · Original jurisdiction · Political science · Sociology · Supreme court · Education Discipline and Inequality · Law · Law, Rights, and Freedoms · Legal Issues in Education · Psychology

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