DUE PROCESS

fair treatment through the normal judicial system, especially as a citizen's entitlement.

The government may not deprive citizens of “life, liberty, or property” without due process of law. This means that the government has to follow rules and established procedures in everything it does. It cannot, for example, skip parts of trials, or deny citizens their rights as protected by the Bill of Rights and by law. This protection helps to ensure justice.
Due process protection has its roots in the Magna Carta when King John promised that “[n]o free man shall be taken or imprisoned … or in any way destroyed, nor will we go upon him nor send upon him, except by the lawful judgment of his peers or by the law of the land.”
The language of this amendment is echoed in the Fourteenth Amendment’s Due Process Clause.

The Due Process
is part of the
sixth amendment.

Untitled Slide

QUESTIONS

• What is a due process complaint?
• What is a Resolution Meeting?
• Who can file a due process complaint?
• How long do we have to try to resolve the disagreement?
• Do I need an attorney?

ANSWERS

• A due process complaint is a formal complaint to the school.
• The resolution meeting gives you and the local education time to resolve the disagreement
• A parent or an local education agency such as a school district may file
• 30 days to resolve the disagreement.
• No, but if it becomes a legal matter you can obtain counsel.