Inwhat methods do the goal of procedural process and the goal ofsubstantive due process are different?
Theintent of substantive due process seeks to safeguard students’rights from being infringed upon by school officials whereas intentof procedural due process protects students’ rights from the lawand gives them a chance to be heard before any of the rights iswithheld (Orth, 2003).
Outlinethe initial steps that are needed to meet the standards of proceduraldue process.
Thebasic steps required are:
• Theschool administration should give early notice to the affectedstudent(s) on the charges brought upon them.
• Theallegations brought forth should be a violation of the school rules.
• Theaccused student(s) ought to be given an opportunity to deny thecharges at an opportune moment.
• Theevidence provided by the school administration should be real and bebeyond any reasonable doubt before a fit sentence is passed (Ely,1999).
Basedon the scenario in the introduction to this week, would theprincipal’s choice to prohibit school uniforms at the charity forumsurvive a legal confrontation? Is the charity sponsored by the schoolboard? What about students who were not disciplined? Could they weartheir uniforms? Use the four-step “Response to Legal Questions(Week 1 Introduction) and apply it.
Theprincipal’s decision would survive a legal challenge only if he orshe gave out a notice early enough to warn the students of his or herdecision. The event is school sponsored, and if there are anystudents wearing the uniform, that will be representing the school.Any student who was not disciplined will therefore not be allowed towear school uniforms so as to safeguard the school’s reputation.This can also be used as a sort of a disciplinary action to act as awarning or an example to other potential unruly students (Tushnet,1975).
Youare a new principal. As you review procedures with your secretary,you find no restrictions on students’ files. Although the filingcabinet is locked at the end of the day, otherwise it is available toall. State the necessary steps you would begin to make sure thatstudent privacy remains within the guidelines set down by the FERPA.Who may access student records? (Be sure to include third partyrequests.)
Toensure the privacy of the students’ files under the FERPAguidelines, I would:
• Makesure the filing cabinet is locked at all times and the copies of thekeys will be with the secretary, dean of students, the schoolguidance counselor and me.
• Onlyan eligible student would be able to access their records aftersubmitting an official request for such.
• Anythird party who would like to see a student’s file would only beable to if the said third party has a written consent from theaffected student.
• Schoolofficials that are directly involved with academics and the welfareof the students will also have limited access to the files.
• Parentsor guardians of the students will also have access to the files aslong as their most recent income tax statements have the specificstudent listed as a dependent.
• Thefiles can also be given to a different school that the said studentwishes to transfer to.
• Thestudent records can also be disclosed to an organization that may beoffering financial aid to the student (Van Dusen, 2004).
1.Ely Jr, J. W. (1999). Oxymoron Reconsidered: Myth and Reality inthe Origins of Substantive Due Process, The. Const. Comment., 16,315.
2.Orth, J. V. (2003). Due process of law: A brief history (pp.33-50). University Press of Kansas.
3.Tushnet, M. (1975). The Newer Property: Suggestion for the Revivalof Substantive Due Process. The Supreme Court Review, 261-288.
4.Van Dusen, W. R. (2004). FERPA: Basic guidelines for faculty andstaff a simple step-by-step approach for compliance. Retrieved fromNACADA Clearinghouse of Academic Advising Resources: http://www.nacada. ksu. edu/Clearinghouse/advisingissues/FERPA-Overview. htm.