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ERIC Number: EJ1275734
Record Type: Journal
Publication Date: 2020
Pages: 23
Abstractor: As Provided
ISBN: N/A
ISSN: ISSN-
EISSN: N/A
The Due Process Clause of the Fifth and Fourteenth Amendments and the Policy-Making Process in Educational Leadership: An Analysis of Relevant Legal Cases
Parker, Jerry L.
Research Issues in Contemporary Education, v5 n2 p71-93 Spr-Sum 2020
This article discusses the due process clause of the Fifth and Fourteenth Amendments and their application in legal cases related to K-12 and higher education. The Fifth and Fourteenth Amendments are important because, among many things, they declare that before any person can be accused of any crime or wrongdoing, he or she must be allowed due process to prove his or her innocence. Without due process, all decisions related to an individual's innocence or guilt are thus null and void. Using content analysis methodology, this research looked at 11 Supreme Court decisions related to due process in education. It was discovered that decisions mainly related to student classification versus self-identification and wrongful termination of faculty and school personnel. The findings of this study help educational leaders at all levels to better understand the vastness of both amendments and how they work in tandem with drafting equitable, equal, inclusive, and fair policies and procedures for all students, faculty, and staff in educational settings.
Louisiana Educational Research Association. e-mail: rice@leraweb.net; Web site: http://leraweb.net/ojs/index.php/rice
Publication Type: Journal Articles; Reports - Research
Education Level: Elementary Secondary Education; Higher Education; Postsecondary Education
Audience: N/A
Language: English
Sponsor: N/A
Authoring Institution: N/A
Identifiers - Laws, Policies, & Programs: Fifth Amendment; Fourteenth Amendment; Brown v Board of Education; Individuals with Disabilities Education Act; Doe v Plyler; Bakke v Regents of University of California
Grant or Contract Numbers: N/A