If you ever face disputes with the school, the due process rights help resolve the issues as smoothly as possible to ensure all decisions made by people in authority (school administration) are fair.
The due process rights in Colorado protect students, teachers, and other individuals from facing unjust punishments or disciplinary actions. While schools have the authority to suspend & expel students and dismiss teachers, these are extreme actions that can’t be taken on a whim.
Read on to learn more about due process and how our due process lawyer in Denver can protect you in public educational institutes.
Due process rights vary for private and public educational sectors. Generally, they offer protection to students and teachers of public schools. You can contact an education attorney to learn about the rights at private institutes.
As for the due process, it gives you the right to a hearing before any definitive decision is made. For instance, if you’re accused of conducting an act that violates school policies, you might face suspension or dismissal. But before that, an unbiased party must hear your side of the story to determine whether or not you’re guilty or not. In the event that you did something wrong, the punishment should not be more severe than the misconduct.
As per due process rights, schools can only suspend students when they commit a serious crime. Expulsion is extremely rare as every individual has the right to education, and expelling a student can take that right away.
But even if a student is to be suspended, they must be heard before a final decision is made. Moreover, the school is required to make rules that are clear and easy to follow by the average student. Furthermore, school policies should clearly state the consequences of breaking the rules. Based on all these elements, you can prevent unjust consequences.
As for teachers, the school cannot dismiss you unless you are involved in immoral conduct, criminal activities, fraud, neglect of duty, or insubordination.
Moreover, like students, even teachers have the right to a hearing before a decision can be finalized.
An education attorney will help you protect your due process rights in Colorado. At Ernst Legal Group, our team specializes in handling cases where teachers and students face unfair consequences in education institutes.
Get legal aid today by contacting us now for a free consultation.