Tuesday, July 23, 2013

A Case Analysis: Denial of Due Process


Application: A Case Analysis: Denial of Due Process
When education leaders are faced with student discipline and zero-tolerance policies and procedures, due process must be applied. Due process falls under the equal protection clause in the Fourteenth Amendment of the U.S. Constitution. This clause explicitly prohibits the federal and state governments from depriving any person of life, liberty, and property without due process. As an ethical leader, it is your responsibility to protect the rights of students while also guaranteeing a safe learning environment.
For this Assignment, you will evaluate the significance of due process rights for students in an education setting.
To prepare for the Assignment, examine the statement, "The Fourteenth Amendment forbids the State to deprive any person of life, liberty, or property without due process of law." Read Goss et al. v Lopez, et al., as an example of case law in which high school students in a Southern Public School District of Ohio were denied due process of law. Review court case decisions in this moduleis resources. Investigate three additional case law examples pertaining to due process that address zero tolerance, search and seizure, and online activities.
Directions for Paper:
Write a paper titled: Case Law Analysis: Denial of Due Process in an Education Setting. This paper will have three sections:
Section One: Selected Case Law
Identify and describe three examples of case law that address zero tolerance, search and seizure, and online activities where student due process rights were violated.
Section Two: Analysis of Findings
Based on the findings from the three case law examples, and additional resources, address the following:
•Why is due process important?
•What is best practice for due process implementation in the school setting?
•How are due process rights extended to extracurricular and online activities?
•To what extent do zero-tolerance policies and procedures impact due process?
•What is the relationship between these practices and due process?
Section Three: Synthesis
Evaluate due process implementation in your education setting. Describe the areas in which due process is applied well and areas in which it is not. Describe how adherence to due process can be improved in your education setting. Cite specific case law to support your recommendations.
Assignment Length: 5–8 pages.
Assignment is due on Day 7 of Week 8.

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