What is Due Process?
In education, due process refers to the legal requirement that fair procedures be followed when making decisions that could significantly affect a student‘s educational rights. This concept is particularly important in disciplinary actions and special education decisions. Key elements of due process in education include:
Notice of proposed actions or hearings
Opportunity for a fair and impartial hearing
Right to present evidence and witnesses
Right to legal representation in certain cases
Appeal procedures for unfavorable decisions
Due process protections ensure that students and their families have a voice in important educational decisions and are protected from arbitrary or unfair treatment by educational institutions.