Due Process in Public Schools

Due Process in Public Schools

ªWhat is it?

•Due Process is a Constitutional Right that is guaranteed by the

Fourteenth Amendment

-No state shall make or enforce any law which shall abrogate the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty or property without the due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

•Due Process protects individuals good name, reputation, honor, integrity

•Due Process protects legal guarantees granted to tenured employees under the regulations of the state

•Due Process protects the right to go through a legal process before life, liberty, or property can be taken away

ªWhat rights does it guarantee?

•Students/Teachers

-oral or written notice of the charges

-explanation of evidence against you

-opportunity to defend yourself at a reasonable time and place

-decision made by impartial judge based on evidence/legal rules

-statement of reasoning behind decision

Upon more serious pending punishment:

-opportunity to confront and cross-examine witnesses

-right to retain an attorney

ªWhat court cases has it effected?

•Goss v. Lopez (1975)

-Students were suspended for lunchroom disturbances

-Parents were notified orally the day after suspension

The court ruled that:

Students enrolled in public schools have a property interest in continued attendance and must be given Due Process

•Honig, California Superintendent of Public Instruction v. Doe (1988)

-2 emotionally disturbed students were suspended after violent disturbances in the classroom; disturbances that were a result of their disabilities

The court ruled that:

States may not remove disabled children from the classrooms for violent or disruptive conduct related to their disability under The Education of the Handicapped Act.

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