Is due process required prior to an afterschool detention? Why or why not? You m

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Is due process required prior to an afterschool detention? Why or why not? You m

Is due process required prior to an afterschool detention? Why or why not? You must support your position with examples from case law, the U.S. Constitution, or other readings
After answering the question using at least 120 words you will then reply to the flowing two classmates using positive feedback. The response for them should also be 120 words each.
1. I think when it comes to any sort of disciplinary action there should be some type of due process involved. It keeps everyone involved accountable and allows for fairness to students and transparency with their guardians.

According to Proficientwriting, due process, in its relation to disciplinary measures such as afterschool detentions, “ensures fairness, transparency, and accountability” (2023). Proficientwriting’s article argues that following clear and consistent procedures helps to prevent bias and gives students the opportunity to present their side of the story, which in turn creates an environment where everyone is treated fairly (2023). The article also goes on to discuss how following due process for disciplinary actions helps students “learn that their actions have consequences and understand the importance of taking responsibility for their behavior” and allows for educators to consider alternative approaches to discipline, providing “opportunities for constructive dialogue with students” (Proficientwriting, 2023).

My experience with due process in its relationship to disciplinary actions in schools is the referral procedures at my current school site. All staff members reiterate school and classroom rules to students using verbal warnings several times before issuing a referral unless the incident is severe enough to warrant an immediate issuance of a referral. Referral forms are filled out in detail by teachers or staff members and then submitted to administrators. Administrators then call the student(s) named in the referral form to speak to them as an impartial judge, hearing both sides of the story. Going forward, disciplinary action is discussed and recorded on the referral form and it is taken home for the student’s parent/guardian to sign and acknowledge the proceedings.
References
Proficientwriting. (2023). The Importance of Due Process in Afterschool Detentions. https://medium.com/@heartbeatlove33/the-importance-of-due-process-in-afterschool-detentions-68a7721ba23
2. Due process is not required prior to an after-school detention. Detention is for minor offenses that do not deprive the student of their liberty, property, or life. Detention does not require a hearing that involves evidence, findings, and a ruling. In the case of Doe v. Cahill decided that in the United States courts of Appeal that due process is not required for after school. But, this is currently in appeal in the United States Supreme Court. The outcome of this case will most likely be that due process is needed for after-school detention. A child with an IEP automatically has the right to due process. Kids with special needs can only receive a certain amount of punishment because of their disability and it has to be investigated that all of the child’s accommodations are met. In the school, I work in there is no detention the students mostly get in-school suspension. But for suspensions, the student must go to a panel which is like a school court which evidence has to be shown before the student is suspended or placed in an alternative school. Goss v, Lopez says that a student must have due process when suspension is involved.
Does After School Detention Require Due Process? – The BlackWell Firm

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