Procedural Due Process: The Two-Edged Sword that the Untrained Should not Unsheath
- 1 June 1979
- journal article
- research article
- Published by SAGE Publications in Journal of Education
- Vol. 161 (3) , 40-59
- https://doi.org/10.1177/002205747916100305
Abstract
The issue of procedural due process is examined in this article by first analyzing the associated legal requirements of PL. 94-142 and then identifying the “triggers” which professionals and parents can use to initiate a due process hearing. Problems and unresolved issues associated with interpreting and applying due process safeguards in terms of initiating, conducting, and governing the hearing and hearing officer are discussed. The concluding section of the article identifies specific training implications and creeds of due process hearing officers.Keywords
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