Due Process Comparison
From State to State
Similarities found among our states
•Failure to perform job duties
•Lack of proficiency
•Dishonorable
•Conviction of a felony or crime
•Making any false statement/dishonesty
•Denial, revocation, suspension, or surrender of a teacher certificate in another state
(These are each included in each states due process comparison; Oregon, Montana, Idaho, and Louisiana)
Unique differences
OREGON: Failure to comply with the requirements that the school or school board sets forth a requirement for remediation and improvement
MONTANA: Substantial and physical proof of nonperformance of an employment contract made between teacher, administrator, and the trustees of the school or school district without sufficient cause or written consent
IDAHO: Breach of a teaching contract
Voluntary violation of any professional code or standard of ethics or conduct
Kidnapping of a child
LOUISIANA: Associating with a circle, association, party, or company that is not permitted in this state
Ways to safeguard Yourself Against Due Process
Teachers who are in a probationary period or have reached a tenured status can safeguard against due process by understanding the provisions of the due process laws in their local and state districts. Teachers should also familiarize themselves with the due process clause found in the Fourteenth and Fifth Amendment in the United States Constitution.
Know what the Fifth and Fourteenth Amendment as no person may be deprived of life, liberty, or process without due process (investigation, evidence, hearing, and the right to appeal).
Know what is expected of you as a teacher as far as the laws, rules, and contract that you must follow. Know your federal, state, and local laws for teachers. Know your rights.
Possible Reasons why Differences occur among the states compared
There may be differences in due process procedures because some offenses committed have to be addressed on a local level by the school superintendent, while others have to be addressed on a state level. States set their laws based on their particular state using population size and demographics as a determining factor. School districts use these state laws together with their school policies. In essence, these state laws always have to provide a fair procedure known as "due process" through the Fifth and Fourteenth Amendment as they act together throughout every state in this nation.
references
Oregon Department of Education. (2014). Fair Dismissal Appeals Board - Grounds for Dismissal. Retrieved from http://www.ode.state.or.us/search/page/?id=3691
Montana Office of Public Instruction. (2014). Revocation of Teacher's license. Retrieved from http://opi.mt.gov/Resources/StreamingVideo/Legislature/Index.html?gpm=1_8
State of Idaho Legislature. (2014). Idaho Statutes. Retrieved from http://legislature.idaho.gov/
Louisiana State Legislature. (2014). Removal of teachers. Retrieved from http://www.legis.la.gov/legis/home.aspx
Microsoft Word. clip art. images 1-10
Due Process Comparison
Vanessa Rigaud, Jessica Sutherland, Shanna Preece
Alydia Washington, Carla Summers
EDU/315
October 6, 2014
Deanette Jarman