A Comparison of Procedural and Substantive Due Process

School administrators maintain the authority to establish rules and regulations pertaining to student conduct in the school venue. However, this authority is not without conditions and is subject to justifiable criteria (Essex, 2005). Rules in educational settings are essential to sustain a systematic and nonviolent environment and enhance the educational process. The legal system requires educational authorities to justify the need to impose courses of action, rules, or regulations. This is especially true since students benefit from various constitutional rights as adults; as a result, the court system is attentive to ensure the protection of students' constitutional rights (Essex, 2005). The following treatise will compare and contrast the significance of procedural due process and substantive due process in the education arena. In addition, this treatise will include hypothetical situations that illustrate these concepts.

Compare and contrast procedural due process and substantive due process

The Fourteenth Amendment of the Constitution of the United States assures American citizens the basic entitlement of due process. Due process entails legal procedures that offer confidence to the enforcement and protection on individual rights that the amendment also provides. There are two types of due process that are applicable in an educational setting: procedural and substantive. Procedural due process necessitates that individuals follow particular legal procedures to guarantee fundamental fairness and to prevent subjective and impulsive actions by educational administrators; substantive due process incorporates a teacher's individual or personal rights (Essex, 2005).