What is due process in the school setting?
Due process in the school setting is the set of laws, regulations and procedures that must be followed when a student is facing disciplinary measures or other forms of disciplinary action from their school. This ensures that students have a fair and consistent way to challenge decisions made by the school and be heard if they feel they have been treated unfairly. In California, due process is established by Education Code, which establishes the grounds and procedures for suspending or expelling a student, offers the right to counsel to a student and provides a timeline for appeals and hearings. Due process includes the right of a student to be heard, given notice of the charges, given an explanation of the evidence, and the right to defend themselves during a disciplinary hearing. It also includes the right to be represented, to call witnesses and/or cross-examine witnesses, to appeal the decision, and to be informed of their appeals rights. The goal of due process is to ensure that a student facing disciplinary action has been given a fair hearing and that their rights are respected. Without due process, it would be much easier for a school to take action against a student without giving the student an opportunity to defend themselves. Due process in the school setting allows students to be heard and ensures that their rights are respected.
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