Archive for the ‘law’ tag
due process of law
due process of law
Due Process?
OK, this is the scenario. This is in Indiana. An attorney files a motion to the court, the other side is Pro Se. This attorney files a motion to the court, then serves it by mail to the Pro Se side. The Pro Se side get the motion in the mail 2 days later and gets an objection to the motion in to court the day after they receive it in the mail. By the time the Pro Se side files their objection in court, which mind you is the day after they had received the motion, the Judge has already granted the attorneys’ motion before the Pro Se side has even received the motion. Wouldn’t this be a violation of the Pro Se’s Due Process of Law, as the court did not allow enought time for them to get an objection motion in?
The Pro Se side hand carries this objection motion to the court clerk.
As noted by the other answers, it depends on the type of motion. The rules in most states provide for a certain notice requirement and the opportunity for a hearing on most motions. However, there are other motions (e.g. to bring a witness from jail to court or to appoint a guardian ad litem for a minor child) which are granted pretty much automatically if the motion is in proper form and pleads sufficient facts.
Without knowing the nature of the case and the nature of the motion, nobody can say whether the rules in any state, much less in Indiana, required additional notice and an opportunity for you to respond.
Obviously, if you are asking questions about legal procedure in this forum, you need to seriously consider hiring an attorney to handle your case. A judge will not cut you any slack because you are representing yourself and, out of lack of knowledge of the rules, you could seriously harm your case without knowing it.
due process of law
Student Assessment, Public School Law, Educational Laws and Policies, Dr. William Allan Kritsonis
William Allan Kritsonis, PhD
Professor
Public School Law & Educational Laws and Policies
STUDENT ASSESSMENT
INTRODUCTION
Standardized testing in the state of Texas has undergone several makeovers. Currently Texas public school students are administered the TAKS (Texas Assessment of Knowledge and Skill) test, but in 1997 the state administered the TAAS (Texas Assessment of Academic Skill) test. In tenth grade public school students were required to successfully complete the “exit level” TAAS for Math, Reading and Writing in order to meet graduation requirements. Students were not able to receive high school diplomas if they failed to meet TAAS standards. According to state and district records, approximately twenty percent of minority students failed to meet the TAAS standards; compared to only ten percent of white students. Based on these statistics, a group of nine minority students, with the help of the Mexican American Legal Defense and Education Fund (MALDEF), filed a federal lawsuit against the Texas Education Agency (TEA) claiming that the TAAS test was racially discriminatory. GI Forum Image de Tejas v. Texas Education Agency
Case One
United States District Court,
W.D. Texas, San Antonio Division.
GI FORUM, IMAGE DE TEJAS, Plantiff – Appellants
v.
TEXAS EDUCATION AGENCY, Defendants – Appellee
No. Civ.A. SA-97-CA1278-EP.
Jan. 7, 2000
LITIGANTS
Plaintiff – Appellants: Rhonda Boozer, Melissa Marie Cruz, Michelle Marie Cruz, Leticia Ann Faz, Elizabeth Garza, Mark Garza, Alfred Lee Hicks, Brandye R. Johnson and Jocqulyn Russell
Defendant – Appellee: Texas Education Agency, Dr. Mike Moses, Members and the Texas State Board of Education
BACKGROUND
In 1997 several African-Americans and Hispanic Americans filed a federal lawsuit against the Texas Educational Agency (TEA) by challenging the use of the Texas Assessment of Academic Skills (TAAS) examination as a requirement for high school graduation. The plaintiffs argued that the TAAS test was discriminatory because 20% of blacks and Hispanics failed the test, compared to 10% of whites.
FACTS
According to state and district testing records, twenty percent of minority students (African American and Hispanic) failed to meet state standards for TAAS testing. In contrast only ten percent of Caucasian students failed to meet TAAS standards. Suit was brought challenging the use of the Texas Assessment of Academic Skills (TAAS) examination as a requirement for high school graduation.
This suit was brought individually by nine Texas students who did not pass the TAAS exit-level examination prior to their scheduled graduation dates. Those students who actually testified request that their respective school districts issue their diplomas
DECISION
Per District Judge J. Pado: The issue before the Court is whether the use of the Texas Assessment of Academic Skills (TAAS) examination as a requirement for high school graduation unfairly discriminates against Texas minority students or violates their right to due process. The Plaintiffs challenge the use of the TAAS test under the Due Process Clause of the United States Constitution and 34 C.F.R. § 100.3, an implementing regulation to Title VI of the Civil Rights Act of 1964, asking this Court to issue an injunction preventing the Texas Education Agency (TEA) from using failure of the exit-level TAAS test as a basis for denying high school diplomas.
The Court has considered the testimony and evidence presented during five weeks of trial before the bench, as well as the relevant case law. After such consideration, and much reflection, the Court has determined that the use of the TAAS examination does not have an impermissible adverse impact on Texas’s minority students and does not violate their right to the due process of law. The bases for the Court’s determination are outlined more fully in its findings of facts and conclusions of law, below. The Court writes separately only to make a few general observations about the legal issues underpinning this case.
DICTA
Suit was brought challenging the use of the Texas Assessment of Academic Skills (TAAS) examination as a requirement for high school graduation. The District Court, Prado, J., held that: (1) use of TAAS examination did not violate of Title VI regulations, and (2) use of TAAS examination did not violate due process rights of Texas’ minority students.
IMPLICATIONS
This case is remarkable for what it does not present for the Court’s consideration. In spite of the diverse and contentious opinions surrounding the use of the TAAS test, this Court has not been asked to-and indeed could not-rule on the wisdom of standardized examinations. This Court has no authority to tell the State of Texas what a well-educated high school graduate should demonstrably know at the end of twelve years of education. Nor may this Court determine the relative merits of teacher evaluation and “objective” testing.
This case is also not directly about the history of minority education in the State. While that history has had some bearing on some of the due process concerns raised by the Plaintiffs, what is really at issue here is whether the TAAS exit-level test is fair. As the Court notes below, the test cannot be fair if it is used to punish minorities who have been victimized by state-funded unequal educations. Thus, the Court has carefully considered the claims that Texas schools still offer widely diverse educational opportunities and that, too often, those opportunities depend on the color of a student’s skin or the financial resources of the student’s school district. To some degree, as discussed below, the Court must accept these claims. But that finding, alone, is an insufficient basis for invalidating this examination. There must be some link between the TAAS test and these disparities. In other words, the Plaintiffs were required to prove, by a preponderance of the evidence, that the TAAS test was implemented in spite of the disparities or that the TAAS test has perpetuated the disparities, and that requiring passage of the test for graduation is therefore fundamentally unfair. The Court believes that this has not been proven. Instead, the evidence suggests that the State of Texas was aware of probable disparities and that it designed the TAAS accountability system to reflect an insistence on standards and educational policies that are uniform from school to school. It is true that these standards reflect no more than what the State of Texas has determined are essential skills and knowledge. It is undeniable that there is more to be learned. However, the Court cannot pass on the State’s determination of what, or how much, knowledge must be acquired prior to high school graduation.
About the Author
Dr. Kritsonis Recognized as Distinguished Alumnus
In 2004, Dr. William Allan Kritsonis was recognized as the Central Washington University Alumni Association Distinguished Alumnus for the College of Education and Professional Studies. Dr. Kritsonis was nominated by alumni, former students, friends, faculty, and staff. Final selection was made by the Alumni Association Board of Directors. Recipients are CWU graduates of 20 years or more and are recognized for achievement in their professional field and have made a positive contribution to society. For the second consecutive year, U.S. News and World Report placed Central Washington University among the top elite public institutions in the west. CWU was 12th on the list in the 2006 On-Line Education of “America’s Best Colleges.”
When teachers don’t follow due process of law, are they showing their students America is an anarchic state?
That the big and strong can do whatever they want.
I’m more worried about the crap you learn in high school that nobody bothers to correct if you don’t go to college. Unfortunately, in the real world, the big and strong pretty much can do whatever they want. I suppose they are preparing you for life…
Due Process of Law & the Final Judgment 1/5
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