Education Administration
Evolving judicial interpretation of employees' rights to due process have established for contemporary courts and state legislatures that termination of an educator is a property interest under the Fourteenth Amendment of the United States Constitution. The 14th constitutional amendment states, "No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws" ("U.S. Constitution," 2012). Salaries and wages are considered property, which means that termination of a contractual position for reasons related to performance must be subject to due process.
Due process entails the collection of documentation and statements that may provide information and data to support decision-making. Accordingly, statements would be taken in formal fact-finding sessions with the teacher, with the student's parents, and with staff members who may have been witness to behavior or actions that would substantiate or negate the charges being brought by the parents. This documentation would be subjected to triangulation in order to seek corroborating evidence in either a positive or negative direction. Moreover, the collection of information regarding the situation must be as complete as possible,...
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