Substantive Due Process

When including a bill of right, James Madison, consciously added the Ninth Amendment to assure individuals that the listed rights in Constitution were nowhere near exhaustive. Concerns about too much power from a federal government, Madison wrote the Bill of Rights as a restriction against federal since states had their own bill of rights. However, this left states to act as they wished without checks from the federal government. Through the Thirteenth and Fourteenth Amendment, congress had hoped to safeguard individual rights from states as well. Its vague language, though, left too much room for interpretation and ushered in what many saw as a blatant disregard for textual understanding the Constitution.

Regulations in place to ensure compliance is records locked and secures in a records room which only administration and secretarial staff have access, no work that has a student name and/or grade may be displayed or put where any other person besides the teacher could see, no release of any personal information over the phone, and many other policies set n place to protect the district, teachers and students. Although district policies are in place, there are some loopholes, which unfortunately result in litigation for non-compliance or different interpretation of the law.

“The victim was standing at the front door of the school entrance when the suspect and her mother attempted to open the door. The victim would not open the door, according to school policy. Suspect and mother cursed the victim. Suspect then began punching the victim in the face numerous times. The victim received bruises and scratches to the face. All of these events occurred while school was in session and disrupted the daily business of

Have you ever thought about how students have so many rights? Well it's actually because of three major court cases that has happened ; that had to do with students rights. Because of these three cases students now have many rights. The three most important cases that gave student the rights we have today is the tinker vs DE Moines, the Goss vs Lopez, and last but not least the new jersey vs TLO case.

Due process is the legal requirement of anyone to be treated fairly by others in an authoritative position as stated in the Fourteenth Amendment. This applies to everything including schools. As a student, I agree that some may feel disrespected by the schools policies and administration. Students rights issues have evolved over the years with the help of many court cases throughout the late 70’s into the early 2000’s, but can schools treat students unfairly according to the law?

While reviewing this case I found it beneficial to refer to La Morte’s definition, which states that in education “substantive due process essentially deals with the question of fair treatment of persons by those acting under the color of the state” (p.5). I was previously familiar with the concept of due process, but have limited experience applying my knowledge in a professional setting. i feel the most valuable thing I took away from this reading is the importance of formal observations and documentation. Ultimately, the court ruled against the district because they did not have a Certified Behavior Analyst complete a functional behavior assessment of the child (Broder, 2010,

In any search or seizure, a warrant must be issued for it to be reasonable. However, the Supreme Court has broadened what reasonable is to where school officials do not need a warrant when it comes to drug testing. As stated in the New Jersey vs. T.L.O case, issuing a warrant is unsuited to the school environment (Doc C). In other words, it does not make sense to have to get a warrant just to search a student. Not only has this broadened from just drug testing, but now to searching any student who is under authority.

Yes, I do not believe that the Russ College violated Jays due process rights, as the school did not give him a chance to explain himself before they gave him the reputation they did and take away his ability to advise students.

Ordinarily, a search -- even one that may permissibly be carried out without a warrant -- must be based upon "probable cause" to believe that a violation of the law has occurred.” This is the process which occur in schools and unlike what occurs in the real world . There should not be a difference in probable cause and reasonable suspicion, setting a high standard for both this is because suspicion gives government officials to much freedom to search students. In the end of the T.L.O the fourth amendment rights are still available to students and they do not have to give up their right and the entranced like believed before this case, the amount they received seems okay but should be higher.

The artifacts attached are forms and procedures I researched and developed to improve the due process procedures for students of Cullman City Schools. The Disciplinary Hearing Request Form is used by principals to request a discipline hearing. The Disciplinary Hearing Process for Alternative Placement lists the procedures followed for alternative placement requests. The Disciplinary Hearing Report Form is completed by the hearing officer and documents the results of the hearing. The Discipline Hearing Process for Expulsion lists the procedures for expulsion request, and the Expulsion Review Report Form documents the decision.

Even though the details of required procedures must be gleaned from state statutes and school board regulations, courts have held that students facing expulsion from public school are guaranteed at least minimum due process under the Fourteenth Amendment (see Figure 8.2 for procedural elements). The procedural safeguards required may vary, depending on the circumstances of a particular situation. In a Mississippi case, a student and his parents claimed that prior to an expulsion hearing, they should have been given a list of the witnesses and a summary of their testimony. Recognizing that such procedural protections generally should be afforded prior to a long-term expulsion, the Fifth Circuit nonetheless held that they were not requisite

The challenges courts face when balancing the need of addressing sexual assault on campus with the need to provide appropriate due process for the accused in university disciplinary proceedings.

Because, it is created in the provision of a fundamental balance between the rights of individuals and the exercise of the authority of the state (Snyder, 2012). The intent of procedural due process is a proposed step that must be followed while allowing student and school personnel the opportunity in seeking redress for the alleged before any action is taken against them ( Essex, 2012, pg. 83). The purpose of this concept is for procedural fairness. In contrast, the intent of substantive due process is the process that ensures that a valid reason must be in existence before an individual is deprived of life, liberty or property.

Due process is a fundamental and necessary component of not only education, but in life. Due process guarantees “fairness”, it was established to get the most accurate results without denying rights to an individual before all the facts have been presented. In schools, all educators, including teachers, administrators, and superintendents need to be fully aware of the components of the Due Process Clause. Students are to be provided with a student handbook that clearly outlines expected student behavior and the student code of conduct. Each student shall be required to sign and date an official form stating that they have read and agree to adhere to the outlined rules of the school system. This provides as a written notice to all students

Students have clear constitutional rights with regards to school discipline. However, the same right to due process is not applicable to every situation, but instead fluid based on the circumstances. Generally, the severity of the consequences require a more formal due process. For example, if a student breaks the school rule of running in the hall and receives an hour of detention the only component of due process required is notice of