ERIC Number: ED291127
Record Type: RIE
Publication Date: 1986
Reference Count: N/A
Due Process for School Officials: A Guide for the Conduct of Administrative Proceedings.
Bittle, Edgar H.
In recent years the United States Supreme Court has ruled that the due process clause of the Fifth and Fourteenth Amendments protects the liberty and property interests of public school students and public employees. This guide examines the applicability to school boards and administrators of court decisions regarding due process proceedings. Following an introduction, sections of the guide discuss the following: (1) protected interests; (2) necessity for policies, rules, and regulations; (3) investigation; (4) notice of the charges; (5) procedural requirements of a hearing; and (6) hearing before an impartial decision-maker. In conclusion, administrators are advised that any time they deprive someone of the right to have something they have theretofore enjoyed, that action should trigger an administrative technique that will provide the person affected with notice of what is going to be done, why it is going to be done, when it is going to be done, and with the opportunity for the person to explain why the action should not be taken. Footnotes within the guide list 125 legal citations. Appendixes A-D contain the following sample notices: (1) notice of charges and a hearing to a student and her parents; (2) notice and recommendation to terminate a teacher's contract; (3) findings of fact and conclusions for a student disciplinary action; and (4) findings of fact and conclusions for a teacher termination hearing. Appendix E consists of 25 case study statements for discussion purposes. (MLF)
Descriptors: Administrative Policy, Administrator Guides, Administrator Responsibility, Administrator Role, Board of Education Role, Court Litigation, Dismissal (Personnel), Due Process, Elementary Secondary Education, Expulsion, Hearings, Public Schools, School Law, School Personnel, Student Rights, Suspension, Teacher Dismissal, Teacher Rights
Publications, National Organization on Legal Problems of Education, 3601 S.W. 29th, Suite 223, Topeka, KS 66614 ($9.95; $1.50 postage and handling on each prepaid order).
Publication Type: Legal/Legislative/Regulatory Materials; Guides - Non-Classroom
Education Level: N/A
Audience: Policymakers; Administrators; Practitioners
Authoring Institution: National Organization on Legal Problems of Education, Topeka, KS.