My niece attends a Cleveland Public School. The school, the principal and the teachers there are horrible. But I actually blame the principal for not doing her job. I want to find out the steps for doing a due process. How does this work? I find the answers I recive to my questions on the cite are very good.
2006-12-12 09:20:55 · 6 answers · asked by kimberly s 1 in Education & Reference ➔ Primary & Secondary Education
It sounds like you have confused some terms here and I want to make sure you understand that "due process" refers to the legal avenues available to someone when it comes to their rights. For example, it is a violation of due process to convict a person of a crime without a hearing. The hearing (jury trial or otherwise) is part of that person's legal avenue for their right to freedom or to prevent an illegal government action. Therefore, when you speak about your due process in light of a "complaint" against the school, that may involve you first contacting the school board, first sending a letter, if you see a lawyer maybe some conduct of theirs rises to the level of a "cause of action" or lawsuit and so forth and so on. Due process is like "the right to be heard" but you have to follow the set rules in the context of what the problem is in order to exercise it. Good luck.
2006-12-12 09:26:20 · answer #1 · answered by Anonymous · 1⤊ 0⤋
'Due process' in the context of your question is a concept where government entities provide a mechanism (such as hearings, grievance procedures, ombudsman, etc) for people to protect or assert their rights. The process itself varies depending on state laws and school policy, and there must also be some right that is being denied - like a right to a good public education.
In most instances when dealing with due process issues, a person must at least try to work out the issue with the person causing the problem before elevating the issue to some higher authority. So, your school policy may first require that you contact the teacher or principal to resolve the problem. If the problem is not resolved there, then the next step might be the school board. If the school board doesn't resolve the problem, then may the state board of education or an attorney is the next step.
2006-12-12 17:41:52 · answer #2 · answered by formerly_bob 7 · 0⤊ 0⤋
Due process is a legal term that has to do with fairness and legal rights. I've never head of undue (not undo) process.
A public school belongs to a district and must have policies in place that will govern the running of each school. Please get a copy of your niece's school's policy manual and read it carefully before you go any further.
You didn't state the problem. Have you or your niece and her parents been part of a staffing with everyone involved in order to lay out the problem(s), talk about it, and come to some resolution?
Are your niece's parents aware of problems, or is this your cause to take up in your niece's stead?
Be sure you have your act together before you do anything. Since you are not your niece's legal guardian (or are you?), the school and school district may not take seriously anything you say. Saying the faculty is "horrible" isn't enough to do much. You will need evidence and a paper trail.
Best wishes! I hope this gets resolved.
2006-12-12 17:34:48 · answer #3 · answered by masha 3 · 0⤊ 0⤋
Due process is a procedure initiated by a student's parent, public agency, teacher, or the state educational agency and is conducted by an independent hearing officer when there is a dispute. Basically, it involves that the claimant present the issue and related evidence to an objective party(s) so that a fair and unbiased judgement can be made.
Contact your school board.
2006-12-12 17:27:35 · answer #4 · answered by aint_no_stoppin_us 4 · 0⤊ 0⤋
A process that is not yet due. Go to yahoo home and just punch in a google search for undue process. There is all kinds of info there.
2006-12-12 17:40:19 · answer #5 · answered by golden rider 6 · 0⤊ 0⤋
due process ( correct action )
unDUE process ( incorrect action or action that should not have been done )
best i can tell you want them to justify an action that they took ( use the phase - What justification do you have for (the action) ?
Please use spell check before you send the e-mail ( use e-mail so you have a record of your question and their response ) it will help your case !
2006-12-12 17:24:14 · answer #6 · answered by Anonymous · 1⤊ 0⤋