https://padlet.com/jmigl1/2z1yb59d4h7zacvw Due Process for Students en-us 2022-03-01 20:31:24 UTC 2025-12-09 17:34:18 UTC hello@padlet.com jmigl1 https://padlet.com/jmigl1/2z1yb59d4h7zacvw/wish/2072285957 This padlet will be from the perspective of an elementary school principal. It is intended for other principals, counselors, administrators of various types, teachers, and students. This can especially benefit anyone who feels they have fallen victim to not receiving their 4th and 14th amendment rights to due process (US Const. amend. IV & XIV). I chose this topic because I feel that the right to due process is one of the most important rights that should be protected to all people. Unfortunately, this is not always the case. Some people with authority feel that they have so much insight that they are able to make a hasty decision to prosecute others before having enough evidence and invading the rights of others to try to prove their hypothesis correct. Students can especially become victims to such violations because they are minors and the adults feel like the law doesn't pertain to protecting students.]]> 2022-03-01 20:39:21 UTC https://padlet.com/jmigl1/2z1yb59d4h7zacvw/wish/2072285957 jmigl1 https://padlet.com/jmigl1/2z1yb59d4h7zacvw/wish/2072286781 Speaking to one of the school counselors, Cindy C., about the issue of student rights was an enlightening experience from her point of view. She said that our students need to be protected but that we all do in some ways at the same time. She stated that this is a very sensitive issue depending on how we narrow the topic, so when I brought up transgender students in school, she had a couple things to say as far as best practices were concerned.
- It is best to go by what the law says. 
- Providing a safe environment is crucial.
- Be very careful with what you say as a teacher.

Our campus does not have any students with this issue that we know of according to her. She said that she would not be able to tell me about any if there was anyway. I figured the less I know, the better at this point. She said that if I want to pay closer attention to this issue that I should look into the secondary schools and higher education. She also told me about an issue developing in Florida to keep an eye on that pertains to this topic as well. I do not have a link to her bio as she does not have one at the moment. ]]> 2022-03-01 20:40:01 UTC https://padlet.com/jmigl1/2z1yb59d4h7zacvw/wish/2072286781 jmigl1 https://padlet.com/jmigl1/2z1yb59d4h7zacvw/wish/2072287623 ASCD published an article almost 14 years ago on June 1, 2007 titled "Students as Citizens" which goes into the importance of students' rights in our democracy (ASCD Students as Citizens, 2007). This article is directly related to the topic because of how it explicitly discusses the importance of respecting the sanctity of privacy and safety for students. It informs teachers and students about how to be responsible with the rights of students. One of the most profound statements in the article is how this teaches students to be knowledgeable about their rights in order to find their own voice and to protect themselves.

Association for Supervision and Curriculum Development. 2007. Students as Citizens. https://www.ascd.org/el/articles/students-as-citizens]]> 2022-03-01 20:40:39 UTC https://padlet.com/jmigl1/2z1yb59d4h7zacvw/wish/2072287623 jmigl1 https://padlet.com/jmigl1/2z1yb59d4h7zacvw/wish/2072288263 - Education Dive very recently published and then updated an article about the recent push for invading not only the rights of transgender students, but their parents and teachers as well.
- Texas Governor Greg Abbott is attempting to persecute the parents of transgender children who receive gender-affirming treatments.
- The governor is also trying to punish any teachers or counselors who do not report on the treatments being given to students they know.
- This is any invasion of privacy.
- If approved, this will violate the students constitutional rights to pursue life and liberty.
- Any attempt to force a person to be someone who they are not is un-American and inhumane, and the Gov. Abbott is pushing his agenda over the rights that students, parents, and teachers have to access and provide a safe education.

Modan, N. (2022, February 25). Advocates question IF Texas anti-trans directive is enforceable. K-12 Dive. Retrieved March 2, 2022, from https://www.k12dive.com/news/advocates-question-if-texas-anti-trans-directive-is-enforceable/619443/
 ]]> 2022-03-01 20:41:10 UTC https://padlet.com/jmigl1/2z1yb59d4h7zacvw/wish/2072288263 jmigl1 https://padlet.com/jmigl1/2z1yb59d4h7zacvw/wish/2072288748 - In late February, 2022, The Chronicle of Higher Education posted an article about another side of civil liberties being challenged in America, that of the freedom of speech to educators.
- Students have the right to gain knowledge, wisdom, and an education from highly experienced and accredited adults who share ideas from many different perspectives, but these teachers are being silenced.
- The article discusses how a Palestinian professor used his freedom of speech to make a post on social media about a current event plaguing his people.
- When the university caught wind of it, they essentially fired him for making the comment.
- He sued the university for invading his first amendment right to voice his opinion and settled for a staggering $600,000.
- This is important not just to professors trying to enlighten the minds of their students but also to teachers of any age group.
- This ruling could be beneficial to teachers who share other political views and voice their opinions online or in person to protest something they believe to be unjust.
- Teachers do such things and get penalized or fired as well and therefore don't speak up as much anymore.
- This could help protect the rights of teachers to actually teach students how to think rather that become drones for the state.

O'Connell, D. (2022, February 25). Lawsuits and Settlements Won't Save Free Speech. Chronicle.com. Retrieved March 2, 2022, from https://www.chronicle.com/article/lawsuits-and-settlements-wont-save-free-speech?bc_nonce=63fff3xta1kc915oy81wvf&cid=reg_wall_signup 

]]> 2022-03-01 20:41:28 UTC https://padlet.com/jmigl1/2z1yb59d4h7zacvw/wish/2072288748 jmigl1 https://padlet.com/jmigl1/2z1yb59d4h7zacvw/wish/2072289290 Federal Law
1st Amendment to the Constitution
Congress shall make no law abridging the freedom of speech.
US Const. amend. I
https://constitution.congress.gov/constitution/amendment-1/
- all citizens, including educators, should have the right to voice their opinions without repercussions to their careers 
- so long as the person is not creating slander or stating false facts that affects others, they have the right to discuss matters that are important to them and especially when it affects them ]]> 2022-03-01 20:41:51 UTC https://padlet.com/jmigl1/2z1yb59d4h7zacvw/wish/2072289290 jmigl1 https://padlet.com/jmigl1/2z1yb59d4h7zacvw/wish/2072289570 Federal Law
4th Amendment to the Constitution
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
US Const. amend. IV
https://constitution.congress.gov/constitution/amendment-4/
- this ensures due process to our citizens
- students should not be subjected to being searched without a particular reason
- students shouldn't have to give up their rights to being who they want to be because of who they are]]> 2022-03-01 20:42:05 UTC https://padlet.com/jmigl1/2z1yb59d4h7zacvw/wish/2072289570 jmigl1 https://padlet.com/jmigl1/2z1yb59d4h7zacvw/wish/2072289923 Federal Law
14th Amendment to the Constitution
Nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
US Const. amend. XIV
https://constitution.congress.gov/constitution/amendment-14/
- students should not have to change who they are or try to pretend to be someone else to protect themselves, their parents, or their teachers
- federal law trumps what state laws try to accomplish to persecute students and invade their right to live their lives that doesn't even affect others
- if a student is removed from their home because of who and what they are, they are being denied their right to property as well]]> 2022-03-01 20:42:19 UTC https://padlet.com/jmigl1/2z1yb59d4h7zacvw/wish/2072289923 jmigl1 https://padlet.com/jmigl1/2z1yb59d4h7zacvw/wish/2072290474 Statutory Law
The Every Student Succeeds Act
20 U.S.C. § 6301
https://uscode.house.gov/browse/prelim@tit le20&edition=prelim
- this law guarantees that all students have the right to an education no matter who they are
- students cannot gain an enriching education if they are being removed from their homes 
- violating this right to students would have a traumatic experience on them that would hinder their contribution to society in the end

]]> 2022-03-01 20:42:34 UTC https://padlet.com/jmigl1/2z1yb59d4h7zacvw/wish/2072290474 jmigl1 https://padlet.com/jmigl1/2z1yb59d4h7zacvw/wish/2072291164 In October of 2021, the Texas Association of School Boards stated that under federal law students in Texas have the right to gain their education under the name and gender that they prefer. These transgender students have the right to be protected against discrimination based on how they identify themselves. They should still receive a proper education (TASB 2021).
https://www.tasb.org/services/legal-services/tasb-school-law-esource/students/documents/legal_issues_related_to_transgender_students.pdf]]> 2022-03-01 20:43:11 UTC https://padlet.com/jmigl1/2z1yb59d4h7zacvw/wish/2072291164 jmigl1 https://padlet.com/jmigl1/2z1yb59d4h7zacvw/wish/2072291532 The CFISD Employee Handbook lists a code of ethics for ethical conduct towards students. In this case, standard 3.2 states that the educator will not intentionally, knowingly, or recklessly treat a student or minor in a manner that adversely affects or endangers the learning, physical health, mental health, or safety of the student or minor. This standard is put into place to protect confidential information about a student and to not give up facts about them that might put them in harms way. If a teacher finds out about a student receiving gender-affirming treatments, then that should be kept between them and not turned over to the state so that the government can take the student out of custody of the parents and jeopardize the safety and well-being of that student.

Cypress-Fairbanks Independent School District. (2021). CFISD Employee Handbook. Retrieved from https://www.cfisd.net/cms/lib/TX50000664/Centricity/Domain/708/2021-2022%20Employee%20Handbook.pdf]]> 2022-03-01 20:43:29 UTC https://padlet.com/jmigl1/2z1yb59d4h7zacvw/wish/2072291532 jmigl1 https://padlet.com/jmigl1/2z1yb59d4h7zacvw/wish/2072291993 I am not a member of the LGBTQ community, but I have empathy for anyone who feels they are significantly different from others around them. I am the "black sheep" of my family and was always viewed as being very different by my peers as I grew up, so I think I can sympathize with anyone who feels ostracized from the rest of those around them. I did not feel safe going to school, so I can only imagine how members of this marginalized community must feel about attending school or doing most other things that they would enjoy.]]> 2022-03-01 20:43:51 UTC https://padlet.com/jmigl1/2z1yb59d4h7zacvw/wish/2072291993 jmigl1 https://padlet.com/jmigl1/2z1yb59d4h7zacvw/wish/2072293068 - Students have the right to receive a high-level education from well-trained teachers. 
- Students have the right to feel safe and not be discriminated against because of who they are. 
- Government officials should do what's best for students to receive an education and be treated fairly; not tear them away from families and threaten them.
- Principals and all educators need to be up to date with what the law states.
- I believe that remaining ethical and standing up for what is right should be the law.
- If students should grow up to be adults who think they are valued members of the society that they helped create, then it starts with what they learn and how they are treated during their youth.
- The 4th Amendment protects them and their right to due process so that they aren't searched without cause.
- The 14th Amendment ensures students' rights to a life to live as freely as they choose and to property (education).]]> 2022-03-01 20:44:22 UTC https://padlet.com/jmigl1/2z1yb59d4h7zacvw/wish/2072293068