Equity in Education Legal Database v0.1
 

Related Court Cases

Bolling v Sharpe (1954)

Hawkins v Coleman (1971)

McNeal v. Tate County School District (1975)

PARC v. Commonwealth (1972)

Swann v. Charlotte-Mecklenburg Board of Education (1971)




 

Due Process

Details:

The Due Process Clause of the Fourteenth Amendment prohibits the state from "depriving any person of life, liberty, or property without due process of law." While "due process" has never been explicitly defined, the concept is considered to refer to one's right to access the legal and judicial mechanisms of the government. In regards to public schools, "liberty" includes the rights to inclusion in public education, freedom from restraint, maintenance of one's reputation, and rights to property. Because a suspension or expulsion is an exclusion from public education and detainment is a temporary revokation of liberty, disciplinary actions require due process.

 

Applications and Implications:

Due process has been used to end de jure segregation, evaluate discipline policies, and protect students' personal and property rights.

 

Imber, Michael and Tyll van Geel (2004). Education Law (3rd ed.). Mahwah, MJ: Lawrence Erlbaum Associates, p. 184-198.
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