1. Due Process and the Principal EDAD 689 The School Principal By: Melanie Dozier September 21, 2010

2. What is due process?  Due process is a Constitutional right that comes from the 14 th amendment.  No state can “deprive a person of their life, liberty, or property without due process of law”.  “Procedures enacted to safeguard the rights of an employee, including the right to a fair and impartial hearing on allegations of noncompliance with the policies, goals, objectives, rules, and regulations of a school district” (Rebore, 2009, p. 376).

3. Students’ Rights  The Fourth Amendment (privacy issues) prohibits “unreasonable” searches and seizures.  The Fifth Amendment (fairness) is the due process clause where the principal must provide the student with 2 rights when disciplining: –Specific information about the charges and the evidence behind it –A chance to tell his side of the story

4. Searches and Seizures “REASONABLE SUSPICION” No warrant is necessary for school officials, where prohibited by the police.  Lockers: courts have upheld searches  Purse/Book Bags: reasonable suspicion  Body Searches: pat-down (minimally invasive; strip (highly invasive)

5. Searches and Seizures (cont.)  Canine Searches: drug-sniffing dogs only explore what is within “plain smell.”  Student Drug Testing: random drug testing for students to participate in extracurricular activities  Student’s Car in Parking Lot: reasonable

6. Students’ Rights (cont.)  If due process is not followed, any punishment can be overturned.  Small offenses with small penalties – principal’s office  Large offenses with suspensions, expulsions, and/or criminal charges usually merit a formal process with potential legal representation.

7. Employees’ Rights  Each employee has a behavior file in the district protected by the law.  No material derogatory to an employee’s conduct, service, character, or conduct, service, character, or personality can be placed in file without the teacher first reading it.  Employee has to sign saying she read it, but she doesn’t have to agree with it.

8. Employees’ Rights (cont.)  If the written notice has not been put in file within 3 months of the incident, it may not be added to the file.  Employee can reproduce any material in her file and can review her file.

9. Employee Discipline  Written warning.  Employee is given time to improve.  If satisfactory improvement is not shown, a second written warning with specific consequences if the problem is not rectified.  After a series of warnings, the employee can be dismissed, usually by board.