ERIC Number: ED245375
Record Type: RIE
Publication Date: 1983
Reference Count: 0
Procedural Due Process.
Cambron-McCabe, Nelda H.
A central issue in litigation arising from adverse employment decisions affecting school personnel is the adequacy of due process procedures. Due process is required only if a teacher is able to establish a protected property or liberty interest. The first section of this chapter accordingly discusses the circumstances under which due process is required. The procedural rights that must be provided the tenured teacher and the nontenured teacher are distinguished, with specific attention to conditions that give rise to a nontenured teacher acquiring a protected liberty or property interest in employment and thereby establishing a claim to due process. The second section discusses the requirements of procedural due process and associated concerns, including notice of charges, timelines, adequate notice of hearing, impartiality of the school board, evidence, findings and decisions, and post-termination hearings. Remedies available to teachers for violation of due process rights are next discussed. These include compensatory and punitive damages, reinstatement, and attorney's fees. Finally, 10 general guidelines are proposed for developing teacher termination policies in line with due process requirements. (TE)
Publication Type: Legal/Legislative/Regulatory Materials; Guides - Non-Classroom
Education Level: N/A
Audience: Administrators; Practitioners
Authoring Institution: N/A
Identifiers: Fourteenth Amendment
Note: Chapter 4 of: Legal Issues in Public School Employment (EA 016 920).