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ERIC Number: ED162811
Record Type: Non-Journal
Publication Date: 1976-Mar
Pages: 31
Abstractor: N/A
Reference Count: N/A
Procedural Due Process in Indian Education. Scripts for a Two-Part Filmstrip/Audio Tape Program. Curriculum Bulletin 18.03.
Streiff, Paul R.
In 1974 new sections added to the Code of Federal Regulations and the Indian Affairs Field Manual required the establishment of programs of student rights and responsibilities and due process procedures in schools operated or funded by the Bureau of Indian Affairs. This two-part filmstrip and audio tape program is designed to assist educators and students in establishing due process procedures that would be of benefit to all parties concerned. Part I defines due process in its simplest terms as "justice or fair play". Due process procedures must include assurances of eight basic rights: (1) to have a written notice of charges prior to a formal hearing; (2) to have a fair and impartial hearing; (3) to have parents present and to be represented by council; (4) to cross-examine witnesses; (5) to receive a written record of the hearing and disciplinary actions taken; (6) to an administrative review and appeal; (7) to remain silent; and (8) if found not guilty, to have all information relating to the charges removed from school records. Part II presents guidelines for establishing due process procedures in a school. It lists student representation in government and an official, written code of rules and regulations as prerequisites for establishment of due process procedures. Suggestions are given for acquainting faculty with the rules and procedures of due process. The necessary components of a formal hearing are discussed along with a step-by-step description of the procedure to be followed. (DS)
Publication Type: Speeches/Meeting Papers
Education Level: N/A
Audience: N/A
Language: English
Sponsor: N/A
Authoring Institution: Bureau of Indian Affairs (Dept. of Interior), Albuquerque, NM.