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Remley, Theodore P., Jr.; MacReynolds, Virginia B. – NASSP Bulletin, 1988
Due process hearings should not threaten principals who have performed their teacher evaluation duties well and can demonstrate (1) the persistent nature of the teacher's difficulties; (2) repeated warnings; (3) frequent assistance; (4) adequate time and opportunity to improve; (5) close supervision; and (6) the teacher's involvement in a normal…
Descriptors: Due Process, Elementary Secondary Education, Legal Problems, Principals
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Zirkel, Perry A. – NASSP Bulletin, 1999
Most courts have flexibly interpreted the constitutional requirement of procedural and substantive due process in favor of zero-tolerance expulsion decisions. While being sensitive to community intolerance for threats to school safety (student possession of guns or drugs), school leaders should modulate development and enforcement of expulsion…
Descriptors: Court Litigation, Due Process, Expulsion, Legal Problems
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King, Ashley Thomas – NASSP Bulletin, 1996
A survey of exclusionary discipline practices with handicapped students revealed a national pattern of "de facto" differential treatment. In denying a school's unilateral authority to remove dangerous or disruptive students, the Supreme Court's judgment in "Honig v. Doe" (1988) took precedence over all earlier court decisions.…
Descriptors: Behavior Problems, Court Litigation, Disabilities, Due Process
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Mahon, J. Patrick – NASSP Bulletin, 1980
Competency-based education programs could raise three kinds of legal issues: claims under the due process clause, claims of discrimination under the equal protection clause, and claims of negligence. (Author/JM)
Descriptors: Competency Based Education, Due Process, Elementary Secondary Education, Equal Protection