due process ppt. - william allan kritsonis, phd

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Due Process PPT. - William Allan Kritsonis, PhD


  • 1. Due ProcessWilliam Allan Kritsonis, PhD

2. The fifth amendment provides that noperson(shall) be deprived of life, liberty, orproperty without due process of law; nor shallprivate property be taken for public usewithout just compensation. No State shall deprive any person of life,liberty, or property, without due process oflaw. (Fourteenth Amendment) Is essentially a guarantee of basic fairness. 3. Serves two basic goals: One is to produce, through the use of fairprocedures, more accurate results: to preventthe wrongful deprivation of interests. The other goal is to make people feel that thegovernment has treated them fairly by listeningto their side of the story. 4. 1. The government must provide notice of thecharges against you. 2. The government must be able to show thatthere is an articulated (non-vague) standard ofconduct which you are accused of violating. 3. The government must provide you with anopportunity to rebut their charges against you ina meaningful way and at a meaningful time (thehearing requirements). 5. A request for Due Process must occur within oneyear of the date you knew or should have knownabout the problem for which you are requestingthe hearing. The timeline does not apply if you didnt fileyour request due to the school saying it hadresolved the problem or if the school keptinformation from you that it was required toprovide. 6. Specific information is required for yourrequest, including what you believe willresolve the problem. Due process hearings are independent of theTexas Education Agency. The TEA may notinfluence the Hearing Officers decision in anyway. You should know that the school district WILLbe represented by an attorney. 7. The Hearing Officers decision is a legal one andcan only be challenged through an appeal in stateor federal district court. You are not required to hire an attorney for a dueprocess hearing, but if you dont , you will beexpected to represent yourself. You will need to bevery familiar with the laws and rules that apply toyour case. Again the school district will have an attorney. 8. If the Hearing Officer rules in your favor it ispossible to get your attorneys fees covered. There are clear timelines for the Due processHearing to resolve the conflict including a 30day resolution period before a 45 day timelineto issue the Final Decision. Due process is not aquick fix to your conflict. 9. Due Process hearings are confidential. The areopen only to those directly involved in the case. The party requesting the hearing will beresponsible for the burden of proof. If that isthe school district then they will have to showproof. TEA legal staff can not offer you legal advice orcounsel in a Due Process matter. The can providegeneral information about Due Process Hearings. 10. The legally binding written SettlementAgreement is a new requirement of IDEA 2004.The Settlement Agreement makes the decisionof the due process hearing enforceable by afederal court of law. It is intended to makesure that the decisions made in due process arehonored by both parties. The bottom line know your School Law.