Due Process Clause In The 14th Amendment

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The Due Process clause as outlined in the fourteenth Amendment states that a state cannot deprive an individual the right to life, property and liberty without a due process of law. This clause applies to school districts in which the school district must follow a procedure before dismissing a teacher or any district employees. The due process does not align the reasons for dismissal. These are found in the state statutes. In California, these are found in the Education Code.
A tenured teacher is one who has worked in a school district for more than three years. A tenured teacher’s contract renews automatically. A tenured teacher’s also gets protection from demotion and salary reductions. Tenure however does not protect the teacher from dismissal. The California Education code outlines the grounds for dismissal. These grounds are
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For a probationary officer, a notice should be given 30 days before a written notice of dismissal is issued. This notice gives the reasons for dismissal and also an opportunity to appeal. The thirty day period is given to allow the teacher to correct the mistakes. On receiving the notice for dismissal, the teacher is given 15 days to request a hearing. A judge is appointed to conduct the hearing (Cal. EDC code § 44948.3). The governing board however has the final decision on the dismissal of the teacher.
For permanent teachers in California, the timelines depend on the reason for dismissal. If the charges are of unprofessional conduct, the governing board should give the teacher 45 days before filing the notice for dismissal. This time is given to provide the teacher a chance to correct their faults. For unsatisfactory performance, the board should give notice 90 days before filing the charges (Cal. EDC code §44938). Once the official charges are adopted the teacher is given 30 days to request a hearing. Hearings are held within 60 days from the date the employee demanded a

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