due process - william allan kritsonis, phd
DESCRIPTION
William Allan Kritsonis, PhD (Revised Summer, 2009) William H. Parker Leadership Academy Hall of Honor In 2008, Dr. Kritsonis was inducted into the William H. Parker Leadership Academy Hall of Honor, Graduate School, Prairie View A&M University – The Texas A&M University System. He was nominated by doctoral and master’s degree students. Dr. Kritsonis Lectures at the University of Oxford, Oxford, England In 2005, Dr. Kritsonis was an Invited Visiting Lecturer at the Oxford Round Table at Oriel College in the University of Oxford, Oxford, England. His lecture was entitled the Ways of Knowing Through the Realms of Meaning. Dr. Kritsonis Recognized as Distinguished Alumnus In 2004, Dr. William Allan Kritsonis was recognized as the Central Washington University Alumni Association Distinguished Alumnus for the College of Education and Professional Studies. Dr. Kritsonis was nominated by alumni, former students, friends, faculty, and staff. Final selection was made by the Alumni Association Board of Directors. Recipients are CWU graduates of 20 years or more and are recognized for achievement in their professional field and have made a positive contribution to society. For the second consecutive year, U.S. News and World Report placed Central Washington University among the top elite public institutions in the west. CWU was 12th on the list in the 2006 On-Line Education of “America’s Best Colleges.” Educational Background Dr. William Allan Kritsonis earned his BA in 1969 from Central Washington University, Ellensburg, Washington. In 1971, he earned his M.Ed. from Seattle Pacific University. In 1976, he earned his PhD from the University of Iowa. In 1981, he was a Visiting Scholar at Teachers College, Columbia University, New York, and in 1987 was a Visiting Scholar at Stanford University, Palo Alto, California. Doctor of Humane Letters In June 2008, Dr. Kritsonis received the Doctor of Humane Letters, School of Graduate Studies from Southern Christian University. The ceremony was held at the Hilton Hotel in New Orleans, Louisiana. Professional Experience Dr. Kritsonis began his career as a teacher. He has served education as a principal, superintendent of schools, director of student teaching and field experiences, invited guest professor, author, consultant, editor-in-chief, and publisher. Dr. Kritsonis has earned tenure as a professor at the highest academic rank at two major universities. Books – Articles – Lectures - Workshops Dr. Kritsonis lectures and conducts seminars and workshops on a variety of topics. He is author of more than 600 articles in professional journals and several books. His popular book SCHOOL DISCIPLINE: The Art of Survival is scheduled for its fourth edition. He is the author of the textbook William Kritsonis, PhD on Schooling that is used by many professors at colleges and universities throughout the nation and abroad. In 2008, Dr. Kritsonis coauthored the textbook A Statistical Journey: Taming of the Skew. The book has been adopted by professors in many colleges and universities throughout the nation. It was published by the Alexis/Austin Group, Murrieta, California. In 2007, Dr. Kritsonis’ version of the book of Ways of Knowing Through the Realms of Meaning (858 pages) was published in the United States of America in cooperation with partial financial support of Visiting Lecturers, Oxford Round Table (2005). The book is the product of a collaborative twenty-four year effort started in 1978 with the late Dr. Philip H. Phenix. Dr. Kritsonis was in continuous communication with Dr. Phenix until his death in 2002. In 2007, Dr. Kritsonis was the lead author of the textbook Practical Applications of Educational Research and Basic Statistics. The text provides practical content knowledge in research for graduate students at the doctoral and master’s levels. In 2009, Dr. Kritsonis’ bTRANSCRIPT
Due ProcessWilliam Allan Kritsonis, PhD
The fifth amendment provides that “no person…(shall) be deprived of life, liberty, or property without due process of law; nor shall private property be taken for public use without just compensation.
No State shall deprive any person of life, liberty, or property, without due process of law. (Fourteenth Amendment)
Is essentially a guarantee of basic fairness.
Serves two basic goals:
One is to produce, through the use of fair procedures, more accurate results: to prevent the wrongful deprivation of interests.
The other goal is to make people feel that the government has treated them fairly by listening to their side of the story.
1. The government must provide notice of the charges against you.
2. The government must be able to show that there is an articulated (non-vague) standard of conduct which you are accused of violating.
3. The government must provide you with an opportunity to rebut their charges against you in a meaningful way and at a meaningful time (the “hearing requirements”).
A request for Due Process must occur within one year of the date you knew or should have known about the problem for which you are requesting the hearing.
The timeline does not apply if you didn’t file your request due to the school saying it had resolved the problem or if the school kept information from you that it was required to provide.
Specific information is required for your request, including what you believe will resolve the problem.
Due process hearings are independent of the Texas Education Agency. The TEA may not influence the Hearing Officer’s decision in any way.
You should know that the school district WILL be represented by an attorney.
The Hearing Officer’s decision is a legal one and can only be challenged through an appeal in state or federal district court.
You are not required to hire an attorney for a due process hearing, but if you don’t , you will be expected to represent yourself. You will need to be very familiar with the laws and rules that apply to your case.
Again the school district will have an attorney.
If the Hearing Officer rules in your favor it is possible to get your attorney’s fees covered.
There are clear timelines for the Due process Hearing to resolve the conflict including a 30 day resolution period before a 45 day timeline to issue the Final Decision. Due process is not a quick fix to your conflict.
Due Process hearings are confidential. The are open only to those directly involved in the case.
The party requesting the hearing will be responsible for the “burden of proof.” If that is the school district then they will have to show proof.
TEA legal staff can not offer you legal advice or counsel in a Due Process matter. The can provide general information about Due Process Hearings.
The legally binding written Settlement Agreement is a new requirement of IDEA 2004. The Settlement Agreement makes the decision of the due process hearing enforceable by a federal court of law. It is intended to make sure that the decisions made in due process are honored by both parties.
The bottom line know your School Law.