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Student Bill of Rights

Right 6

Due Process

All students have the right to understand existing rules in their school and the opportunity to address unfair treatment.

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Let's Discuss:

  • Can students at your school easily access school policy and rules?
  • Do students find it difficult to understand school policy and rules? Why?
  • How can students and faculty work together to make these rules more transparent and comprehensible?
  • What is the standard disciplinary action process at your school? Do you think it is effective?
  • What changes do you believe shouldbe made to your school’s disciplinary action process to make it more effective?
  • Do students at your school feel as though they are being treated and/or disciplined justly by administrators?
  • Do outside factors and/or biases affect whether a student can access due process within their educations?

Subtopic Ideas

Disciplinary policies, detentions, school to prison pipeline, constitutional rights vs. rights in school, democratic processes

More about due process

Marquette Law Review’s “Educational Law: Democracy in the Classroom: Due Process and School Discipline”
“This article will not include a discussion of the substantive due process rights of the student. It will instead concentrate on procedural due process, the right of a person to have a fair procedure followed to determine whether an interference with his rights is justified. More specifically, the discussion will focus on the basic elements of procedural due process, notice and hearing, and attempt to describe their application to the school disciplinary process.”
Watch THIS
Education Week’s Video on What Constitutional Rights Students Have
“When schools paddle students, censor student-newspaper articles, and write dress codes aimed at kids’ hairstyles, they risk undercutting the civic principles they’re supposed to be instilling. But courts have long recognized that the U.S. Constitution’s reach into the schoolhouse is limited, although the exact limits can be murky. Learn more about the legal context surrounding free-speech, search-and-seizure, due-process, and other constitutional rights when it comes to minor students in schools.'”
National Education Association’s Article on “Why Due Process is Incredibly Important to the Teaching Profession”
Now retired but still very active politically, Coats recounts her experience fighting her unfair dismissal and explains why due process – so important to teachers and their students – is a right every educator must fight to protect.”
APM’s Documentary and Accompanying Article “Spare the Rod: Reforming School Discipline”
“Zero-tolerance policies were supposed to make schools safer and make discipline fair. But in practice, the policies "didn't help us get to the safe and welcoming school environments that every parent wants for his or her child”