ERIC Number: ED173916
Record Type: RIE
Publication Date: 1979-Apr
Reference Count: 0
Will Your Due Process Procedure Keep You Out of Court?
Chenoweth, Robert L.
This paper discusses how procedural due process as used by school boards can help make court appearances less likely. While substantive due process speaks to the content or subject matter of the law, the "what," procedural due process examines the manner of the application of the law, the "how." Procedural due process is defined as an orderly proceeding adapted to the nature of the situation in which a person is entitled to notice and an opportunity to be heard. The paper discusses teacher tenure and procedural requirements for tenure termination. It suggests that administrators set the stage before the need arises for due process procedure, namely, inform the teachers, evaluate them, and go over the applicable policies. Procedural due process requirements for classified school employees, students, and exceptional children are also mentioned. The paper concludes by emphasizing the importance of local boards of education establishing and following due process procedures of notice and an opportunity to be heard. (Author/LD)
Publication Type: Speeches/Meeting Papers
Education Level: N/A
Authoring Institution: N/A
Note: Paper presented at the Annual Meeting of the National School Boards Association (39th, Miami Beach, Florida, April 21-24, 1979)