ABSTRACT
This chapter begins with an overview of the Fifth and Fourteenth Amendment and the principles of natural justice reflected within due process protections. Rules that are unwritten or vague or overly broad violate these principles. Both procedural and substantive due process rights under the Fifth and Fourteenth Amendments are included in this chapter. Students in public schools have a property interest in receiving a public education along with interests in the security of their persons and effects. Procedural due process requirements for members of the judiciary in criminal proceedings and the more relaxed requirements for school officials in the custodial and tutelary context of public school discipline are examined in detail. Corporal punishment, the use of unreasonable or excessive force, and the state-created danger doctrine are also explored, with a particular focus on zero tolerance policies and parental rights claims.
