What Is Due Process in Education?

Many people are familiar with the term “due process” but may not know what it means in the context of education. Due process in education is the legal principle that students are entitled to certain protections before they can be disciplined or expelled from school. This includes the right to notice and a hearing before any disciplinary action is taken.

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Introduction

Due process is a legal term that refers to the fair and just treatment of individuals. When due process is applied in education, it means that students are guaranteed certain rights throughout the school process. These rights are designed to protect students from discrimination and unfair treatment.

There are two types of due process: procedural and substantive. Procedural due process refers to the procedures that must be followed in order for a student to be treated fairly. Substantive due process refers to the substance of what must be done in order for a student to be treated fairly.

Procedural due process includes things like notice and a hearing before adverse action is taken against a student. For example, if a student is accused of cheating, the student should be given notice of the accusation and given a chance to tell their side of the story before any disciplinary action is taken. Substantive due process includes things like ensuring that students are treated equally, even if they are not accused of anything.

Due process rights can be found in federal and state laws, as well as in court cases. The most well-known due process law is the Fourteenth Amendment to the United States Constitution. This amendment states that no person shall be “deprived of life, liberty, or property without due process of law.” Due process rights have also been interpreted by courts to include the right to a free public education (Poe v. Lynchburg School Board, 1934).

Due process rights can be waived by a student or their parent/guardian. For example, if a student pleads guilty to a crime, they are waving their right to a trial by jury (Fifth Amendment). If a student agrees to participate in an alternative dispute resolution program, such as mediation or arbitration, they are waiving their right to have their case heard by a judge or jury (First Amendment).

What Is Due Process?

The term “due process” is used to describe the fair and just treatment of individuals. When applied to education, due process refers to the procedures that must be followed in order to ensure that students’ rights are protected. These procedures may vary from state to state, but they typically include provisions for notice, a hearing, and a decision based on evidence.

The Fourteenth Amendment

One of the most important aspects of the Constitution is the right to due process. Due process is the legal requirement that the government must respect all of the legal rights that are owed to a person. Due process guarantees that no one will be deprived of life, liberty, or property without appropriate legal procedures and protections.

The Fourteenth Amendment to the United States Constitution protects citizens’ rights to due process. The amendment states, “No State shall…deprive any person of life, liberty, or property, without due process of law…” In other words, the government must follow certain procedures before it deprives a person of life, liberty, or property.

Due process rights are not just for criminal defendants. Due process applies anytime the government takes an action that could deprive a person of life, liberty, or property. For example, students have due process rights in education. If a school district decides to suspend or expel a student, the student must be given notice and an opportunity to be heard before the suspension or expulsion is carried out.

Due process rights are important because they protect people from being unfairly treated by the government. The entitled to due process is one of essential rights guaranteed by the Constitution.

The Fifth and Fourteenth Amendments

The Fifth and Fourteenth Amendments to the United States Constitution each contain a Due Process Clause. Due process deals with the administration of justice and thus the due process clause acts as a safeguard from arbitrary denial of life, liberty, or property by the government outside the sanction of law.

The Fifth Amendment’s Due Process Clause reads: “No person shall … be deprived of life, liberty, or property, without due process of law.”

The Fourteenth Amendment’s Due Process Clause reads: “No State shall … deprive any person of life, liberty, or property, without due process of law.”

Both clauses are generally interpreted to protect individuals from interference by the government. The Supreme Court has interpreted the Clauses to include both procedural protections—requirements that the government must follow certain procedures before it deprives a person of life, liberty, or property—and substantive protections—limitations on what the government can do even if it is following proper procedures.

Procedural Due Process

Procedural due process, in the context of education, refers to the procedures that school districts must follow when making decisions that could adversely affect a student’s educational rights. These procedures, which are required by federal and state law, are designed to protect students from arbitrary or capricious decisions by school officials.

There are two types of procedural due process: pre-deprivation and post-deprivation. Pre-deprivation procedures are those that must be followed before a student is deprived of a protected interest, such as the right to attend school or the right to participate in extracurricular activities. Post-deprivation procedures are those that must be followed after a student has been deprived of a protected interest.

The specific procedural due process requirements that apply in a given situation will depend on the type of decision being made by school officials and the interests that are at stake. For example, if a student is facing suspension from school, the procedural due process requirements will be different than if the student is facing expulsion. In general, however, all procedural due process claims will require a showing that school officials failed to follow established procedures in making their decision.

What Are the Different Types of Due Process in Education?

Due process in education is a set of rights that students and their families have to make sure they are treated fairly by their school. There are two types of due process: procedural due process and substantive due process. Procedural due process rights are procedural protections that ensure students and their families are treated fairly in the educational process. Substantive due process rights are protections against arbitrary or discriminatory decisions made by school officials.

Pre-Disciplinary Due Process

Pre-disciplinary due process usually occurs before a student is suspended or expelled from school. This type of due process is often informal, and the standards vary from school to school. However, pre-disciplinary due process typically includes the following elements:

-The student must be given notice of the allegations against them;
-The student must be given an opportunity to explain their side of the story; and
-A decision must be made based on a preponderance of the evidence.

If a student is facing a long-term suspension or expulsion, they are entitled to a more formal type of due process called an administrative hearing.

Disciplinary Due Process

There are two types of due process in education: disciplinary and academic. Disciplinary due process protects students from being expelled from school without just cause. Academic due process protects students from having their grades lowered without just cause.

Due process in education is a complex issue, and there are many different interpretations of what constitutes fair and just procedures. In general, however, due process in education involves giving students certain rights and protections against unfair or arbitrary decisions made by school administrators or teachers.

Disciplinary due process typically requires that schools provide students with notice of the charges against them and give them an opportunity to respond to those charges. Schools must also prove that the student actually committed the offense they are accused of before taking any disciplinary action.

Academic due process, on the other hand, typically requires that teachers provide students with notice if their grades are going to be lowered and give them an opportunity to improve their work before the grades are finalized. Teachers must also have a valid reason for lowering a student’s grade, such as poor performance on assignments or tests.

The specific rights and protections afforded to students under disciplinary and academic due process can vary from state to state. Some states have laws that specifically address due process in education, while other states leave it up to individual school districts to develop their own policies.

Due process in education is a complex issue, but it is generally seen as a positive protection for students against unfair or arbitrary decisions by school administrators or teachers. Disciplinary due process typically requires that schools provide students with notice of the charges against them and give them an opportunity to respond to those charges, while academic due process typically requires that teachers provide students with notice if their grades are going to be lowered and give them an opportunity to improve their work before the grades are finalized.

Student Due Process Rights in Special Education

Special education students have numerous due process rights under the Individuals with Disabilities Education Act (IDEA). These rights ensure that students with disabilities receive a free and appropriate education (FAPE) in the least restrictive environment (LRE).

parental consent: Parents must give their written permission before their child can receive special education services.

evaluation: A comprehensive evaluation must be conducted to determine if a student is eligible for special education services. This evaluation must be conducted by a team of qualified professionals and must take into account the student’s strengths and weaknesses.

individualized education program (IEP): Once a student is determined to be eligible for special education services, an IEP must be developed. The IEP is a document that outlines the student’s goals, what services the student will receive, and how progress will be measured.

placement: The IEP team will determine what type of educational setting is appropriate for the student. The student should be placed in the least restrictive environment possible, meaning they should be placed in a regular classroom with typically developing peers whenever possible.

services: Special education students are entitled to receive specialized instruction and related services that are designed to meet their unique needs. These services could include speech-language therapy, occupational therapy, physical therapy, or counseling, among others.

Conclusion

There are two types of due process in education: procedural due process and substantive due process. Procedural due process refers to the procedures that must be followed in order to ensure that a student’s rights are not violated. For example, a school must give a student notice of any charges against them and provide them with an opportunity to be heard before taking any disciplinary action. Substantive due process, on the other hand, refers to the substantive rights that students have. For example, students have a right to an education that is reasonably adequate for their needs.

Due process is an important protection for students because it ensures that they are treated fairly by their school. If a school does not follow the proper procedures or violates a student’s substantive rights, the student may be able to challenge the school’s actions in court.

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