Re: equity in private schools
Wed, 25 Feb 1998 19:31:17 -0500

Linda Purrington wrote:
> "Due process" and "equal protection" mean that laws must be applied
> equally and fairly; so that theoretically girls have the same protection as
any other citizen;

Actually, due process is a different concept from equal protection. You
describe equal protection well. There are 2 kinds of due process:
procedural due process and substantive due process.

Procedural due process has to do with the process that government uses
before doing something, such as taking a job or some right away from a
citizen. For example, before a tenured teacher can be fired, she must
receive "due process," which basically deals with steps that give her a
hearing, an opportunity to hear the evidence against her, and the
opportunity to respond to such evidence.

Substantive due process has to do with the government's violation of
some fundamental right such as a "liberty interest." If a school does
something to substantially violate a liberty or property interest (e.g.,
students have a liberty interest in the integrity of their bodies and
tenured teachers have a property interest in their jobs), then it may be
subject to suit for violating the Constitution --- but there are lots of
immunity issues that often get them off the hook.

If anyone wants/needs more info, let me know.
Kristen Galles


if (IF) a law exists protecting a certain civil
> right, then it must be applied equally. But this is not very strong,
> under our history of laws. Title IX is also not very strong. For women
> to actually have equal protection under the law, they must some day get
> the Equal Rights Amendment passed. Until then the United States does
> not give women as solid a basis for civil rights as it gives men. (If
> this is hard to believe, or understand, I'm no lawyer either, and it
> took me a while--and ever-deepening dismay--to realize some of what the
> lawyers were telling me. For the real scoop, go to National Women's Law
> Center and talk to Debbie Brake, or NOW Legal Defense and Education, and
> talk to Julie Goldscheid, or to Trial Lawyers for Public Justice, and
> talke to Russell Tlusic or Brian East.) You can also take a look at the
> Stoneking case, for an example of how to use this protection in the
> private schools.
> You might get more elaborated case law under the fraud/breach of
> contract approach. And then there is just reality-testing: It is
> against Title IX to have gender apartheid in the public schools, and
> this is good, because otherwise the male majority might separate out and
> downgrade all-girl classrooms. But it is also true that girls function
> better in all-girls classrooms, and boys function less well in all-boys
> classrooms. One viable solution is that there should be no all-male
> institutions, because that would perpetuate privilege, but all-female
> institutions should be allowed if they arise by choice (as private
> schools). As a public policy, this allows people to recognize the
> historical component of male domination, rather than just claiming that
> gender-blind policies necessarily fill all needs.
> And finally, you might find a private school suficiently enlightened
> be much safer than the public schools for individual children. There's
> a difference between advocating something for a given child and
> advocating something as a large-scale public solution. For wide public
> policy, it is absolutely crucial that the public schools come into
> compliance with Title IX and not be allowed to segregate children on the
> basis of sex. It's also crucial that Title IX be upgraded and expanded
> to provide tre civil rights for girls, which at the moment it does not.
> Linda Purrington <>
> ______________________________________________________________________________
> wrote:
> >
> > Can someone tell me what "due Process'' is under the 14th Amendment ?
> > this is great info. regarding private schools and how they stand regarding
> > Titlte IX.
> > we were considering private education (6Grade) for our daughter but I
> > it
> > is almost out of the question now. We never put one and one together and yes
> > realized that Title Ix would be difficult to enforce in private schools.
> >
> > Adri Lesemann <>

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