Procedural due process for students in Indiana school corporations

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Authors
Bennett, Jack Alan, 1941
Advisor
Lyon, Don O.
Issue Date
1972
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Thesis (D. Ed.)
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Abstract

The purposes of the study were to determine the scope and background of student due process policies and procedures utilized within Indiana school corporations, and to analyze the content of due process policies and procedures utilized within Indiana school corporations in comparison with standards recommended by legal and educational authorities.An Initial Survey form was mailed to the superintendent of each school corporation in Indiana. Superintendents reporting written, school board adopted policies and procedures for student due process were requested to send a copy for the content analysis portion of the study.A Background Survey instrument was mailed to each superintendent providing a copy of due process policies and procedures. Information was sought relative to the formulation, implementation, and utilization of student due process policies and procedures.Recommended standards and guidelines for procedural due process for students, from both legal and educational sources, were reviewed. The standards and guidelines were organized into a recording instrument to help facilitate a content analysis of the policies and procedures.Major findings of the study were:1. Superintendents from 43 of 280 Indiana school corporations reported written, school board adopted policies and procedures outlining student due process in effect as of December 1, 1971.2.The total number of school corporations with written, school board adopted due process policies and procedures has increased annually since 1969.3, The persons most directly affected by discipline and due process--students, teachers, and parents--were not involved in the formulation of policies and procedures.4. Approximately 71 per cent of the students involved in due process hearings were reported to have been suspended or expelled. Approximately 29 per cent of the students involved were reported to have been reinstated.5. The building principal was most often specified as the hearing officer. The school board was most often specified as the hearing board.6. In most instances, the student and parents received the required information in the notice of the charges; however, most notices lacked an explanation of the procedural mechanics of the hearing.7. The amount of time allowed the student to prepare a defense was arbitrary or not specified in most policies.8. As a group, the due process policies were most often lacking ini (a) including a provision for students and/or parents to give a written waiver of formal hearing procedures; (b) including a provision guaranteeing the student prior inspection of documents and evidence; and (c) Including a provision guaranteeing student protection against self-incrimination.9. The type of hearing record most often reported consisted of fill-in forms or written narrative summaries.10. Appeals were most often directed to the superintendent.Major recommendations of the study were:1. Students, parents, and teachers be involved in the formulation of due process policies and procedures.2. Humanistic aspects of the student-institutional relationship be emphasized in teacher education and school administration courses.3. In-service education relative to student due process be provided for both professional and non-professional personnel in school districts. 4. After September 1, 1972, when the Indiana student conduct and due process law becomes effective, a follow-up study be conducted to determine what changes have occurred in the scope, background, and content of student due process policies and procedures.