https://padlet.com/baberegg/jopa9o59igeh Made with wonder en-us 2019-07-17 20:32:08 UTC 2019-07-18 22:56:17 UTC hello@padlet.com baberegg https://padlet.com/baberegg/jopa9o59igeh/wish/371486471 My professional perspective is working as a 5th Grade teacher. I received my Bachelor's Degree in Education and I am currently pursuing a Master's Degree in Education Administration. This Legal Guide Padlet is a resource for educators K-12 seeking understanding on their duty to provide students with their due process rights. I chose the topic of due process rights in regards to my aspirations of becoming a school administrator. Principals have the responsibility of coordinating student discipline and with this, comes the responsibility of providing students with their constitutional rights. It is crucial that we, as educators, are providing our students with the rights that they are entitled to. ]]> 2019-07-17 20:50:35 UTC https://padlet.com/baberegg/jopa9o59igeh/wish/371486471 baberegg https://padlet.com/baberegg/jopa9o59igeh/wish/371486524 I discussed due process rights regarding students with Shona Aberegg, Assistant Principal at Cedar Park Middle School in Leander Independent School District.

Why are due process rights important to administration in education?
Everything she does with student discipline revolves around student’s due process rights. Part of her district’s expectation with Assistant Principals is that they get written statements from student’s that they are processing discipline with. The statement serves as the main part of the due process steps. As an assistant principal, they are required to provide students due process for any investigation that would involve a possible suspension or removal to the DAEP.  After gathering statements and other important information for an investigation, there is usually a conference with the parent to present those findings and administer consequence.

Best Practices Regarding Due Process Among Students
She always gets a student’s statement when they have been accused of an infraction. According to her, you want to make sure that the student always has the option to tell you their side of the story, even if you witnessed it.
It is also important to take your time in an investigation if things aren’t clear.  She never calls the parent and discusses a consequence based on an incomplete investigation.
You also need to sound informed and thorough when giving consequences.
She never allows the parent to help fill out a statement form for a student.  If a student needs assistance, she will scribe for them and ask the questions.

Emerging Issues Related to Due Process Among Students
Mrs. Aberegg discussed the heightened fear of violence in schools and there being some changes that would impact due process.  The constant discussion about School Resource Officers on campus along with mental health experts plays a hand in this issue.  She can imagine that if she was faced with a serious threat to herself or others from one of her students, then she would do what was needed to keep students, staff, and herself safe. There are also many changes when it comes to social media problems in schools.  There are fairly new laws dealing with cyber bullying and social media problems such as “David’s Law”.  This law provided jurisdiction of the school district to act on social media-related incidents involving students. This area would also be one to watch to see what changes come about in the future.

Reference:
Aberegg, S. (2019 Jul  8). Personal Interview.]]> 2019-07-17 20:51:27 UTC https://padlet.com/baberegg/jopa9o59igeh/wish/371486524 baberegg https://padlet.com/baberegg/jopa9o59igeh/wish/371486540 The Association for Supervision and Curriculum Development supports the right to an education and recognizes that education is a property every person is entitled to. This property may not be removed through the act of expulsion without due process including giving a student notice, their right to be heard, and fundamental fairness.

Reference:
McCarthy, M. M. (1976). The right to education: From Rodriguez to Goss. Retrieved from http://www.ascd.org/ASCD/pdf/journals/ed_lead/el_197604_mccarthy.pdf. ]]> 2019-07-17 20:51:50 UTC https://padlet.com/baberegg/jopa9o59igeh/wish/371486540 baberegg https://padlet.com/baberegg/jopa9o59igeh/wish/371486596 Due to excessive suspensions at Bammel Middle School, the legal liability of due process is emphasized. Because teachers were losing authority of their classrooms, they were distributing out-of-school suspensions. These suspensions stress the elements of due process including the right to be heard and fundamental fairness. To provide students with their constitutional rights of educational opportunity and due process, it is crucial that administrators follow district policies to give the student notice, their right to be heard, and fundamental fairness regarding the punishment they have earned based on their actions.

Reference:
Swaby, A. (2018, May). Twice a week, these Texas students circle up and talk about their feelings. It’s lowering suspensions and preventing violence. Retrieved from https://www.texastribune.org/2018/05/29/texas-schools-restorative-justice-violence-suspensions/.]]> 2019-07-17 20:53:07 UTC https://padlet.com/baberegg/jopa9o59igeh/wish/371486596 baberegg https://padlet.com/baberegg/jopa9o59igeh/wish/371486605 After a young man at  Purdue University was accused of sexually assaulting a woman, he took it to the Chicago-based Seventh Circuit Court of Appeals based on his view of not receiving his due process rights. The Court of Appeals sided with the young man after studying the lack of due process rights that were involved in the investigation of the case.

Reference:
Johnson, K. C. (2019 Jul 17). Returning due process to campus. Retrieved from https://www.city-journal.org/john-doe-v-purdue-univ. ]]> 2019-07-17 20:53:16 UTC https://padlet.com/baberegg/jopa9o59igeh/wish/371486605 baberegg https://padlet.com/baberegg/jopa9o59igeh/wish/371486618 The 14^th amendment provides equal and due process of law before a person is deprived from their life, liberty, or property. A student’s educational opportunities are considered a property, as well. 

Reference:
U.S. Const. Amend. IVX ]]> 2019-07-17 20:53:26 UTC https://padlet.com/baberegg/jopa9o59igeh/wish/371486618 baberegg https://padlet.com/baberegg/jopa9o59igeh/wish/371487222 Ohio public school students were issued 10 days of out-of-school suspension for misconduct without a hearing. The court declared that the students were denied their rights of due process in a timely manner before their suspension and voted the act of denial of rights to be unconstitutional. 

Reference:
Goss vs. Lopez, 419 U.S. 565 (1975) ]]> 2019-07-17 21:04:49 UTC https://padlet.com/baberegg/jopa9o59igeh/wish/371487222 baberegg https://padlet.com/baberegg/jopa9o59igeh/wish/371487240 The student must be given oral notice and proper due process before they are expelled or removed from campus provided by the principal or principal’s designee. 

Reference:
Leander ISD. (2011). Student discipline- Emergency and alternative discipline. (Policy FOE(Legal)).]]> 2019-07-17 21:05:04 UTC https://padlet.com/baberegg/jopa9o59igeh/wish/371487240 baberegg https://padlet.com/baberegg/jopa9o59igeh/wish/371487252 Based on a district’s student code of conduct, due process will be provided before expulsion or removal of school property occurs based on the disciplinary action given to the student. 

Reference:
Tex. Educ. Code § 37.001 ]]> 2019-07-17 21:05:16 UTC https://padlet.com/baberegg/jopa9o59igeh/wish/371487252 baberegg https://padlet.com/baberegg/jopa9o59igeh/wish/371583591 This law ensures that no child is denied their equal opportunity of a free and public education. This is in regards to suspensions and providing the correct due process guidelines of removing a student from their equal opportunity of an education.

Reference:
20 USC § 1703

]]> 2019-07-18 14:12:32 UTC https://padlet.com/baberegg/jopa9o59igeh/wish/371583591 baberegg https://padlet.com/baberegg/jopa9o59igeh/wish/371583611 "The educator shall comply with state regulations, written local school board policies, and other state and federal laws." (Tex. Admin. Code § 247.2)

Educators must obey laws and policies when it comes to student discipline. Student discipline standards are required by law to allow students their due process rights of notice, to be heard, and fundamental fairness regarding the discipline they are to be given.

Reference:
19 Tex. Admin. Code § 247.2(1)(G)]]> 2019-07-18 14:12:42 UTC https://padlet.com/baberegg/jopa9o59igeh/wish/371583611 baberegg https://padlet.com/baberegg/jopa9o59igeh/wish/371583626 Concord Law School took a closer look into how the 14th amendment including equal protection and due process rights were involved in education. This resource even takes it a step further to discuss how these clauses in the amendment are fully incorporated in educational institutions.

Reference:
Johnson, S. F. (2017 April 20). The 14th amendment protects the right to a public education. Retrieved from https://www.concordlawschool.edu/blog/constitutional-law/14th-amendment-protects-rights-education/.]]> 2019-07-18 14:12:50 UTC https://padlet.com/baberegg/jopa9o59igeh/wish/371583626 baberegg https://padlet.com/baberegg/jopa9o59igeh/wish/371583645 1. When a student is being disciplined, it is recommended that you receive a written statement to fully understand the situation and provide the student with their right to be heard.
2. Research your district's policies on student discipline in order that you follow all of the regulations in regards to due process rights for your students.
3. Take your time when investigating a situation that will result in a student discipline situation. Jumping to conclusions could result in you not providing the appropriate rights of notice, being heard, and fundamental fairness in the process.
4. When providing consequences to the student and ensuring that you've gone through all the necessary processes to come to a conclusion, sound confident and assertive in your decision.
5. Never allow the parent to write a statement for their child. If the child is unable to write a statement effectively, ask them the appropriate questions and write down their full perspective. 6.  Always ask district officials and the appropriate coworkers when you are uncertain about the steps you are taking to come to a conclusion with a student discipline situation. ]]> 2019-07-18 14:12:58 UTC https://padlet.com/baberegg/jopa9o59igeh/wish/371583645