Topic 2 Discussion 1

Is due process required prior to an afterschool detention? Why or why not? Support your position with examples from case law, the U.S. Constitution, or other readings.

SAMPLE SOLUTION

Yes, due process is required before an afterschool detention. One of the reasons why due process is necessary is to inform the parents about the plan to detain a child and the reason behind such a move. In that connection, the school should provide a written notice at least 24 hours before the intended time of detention. This duration gives the parent enough time to raise any issues that may alter the course of the planned detention. Another reason why due process is important is to give an opportunity to the parent or guardian to respond to the plan of detaining the child so that the rights of the child remain protected. For example, the parent can counter the plan to detain the child if the detention violates the right of the child or deprives his/her religious rights or safety. Parents must participate to approve the plan (Duckworth, Gendler & Gross, 2014).
Moreover, due process prior to detention of a child is a legal requirement. The law requires that parents be involved or contacted before an act of detention is taken on a child (Kratcoski, 2017). That will be important for the safety of the child and will also enhance the parent’s trust in the process. When it comes to detaining young children, for example, it might be difficult for the teacher to justify…