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Due Process Comparison

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by

Valle Thompson

on 25 November 2014

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Transcript of Due Process Comparison

Due Process Comparison
(MO, OK, PA, LA)

Due Process Introduction
Due Process is the fair treatment through the normal judicial system, especially as a citizen's entitlement. No state can deprive people of life, liberty or property without due process of the law. Due process doesn't advocate the reasons why teachers are dismissed, but it advises the procedures a school must follow when dismissing a teacher. Due Process of law for teachers may differ from each state. We have compiled and compared the differences and similarities of Missouri, Oklahoma, Pennsylvania, and Louisiana.
Similarities found among our states
All four states evaluate the offense committed by the teacher and decide based on the severity of the act and the tenure status of the teacher. The teacher has the right to defend themselves. Schools also like to give their teachers tenure to protect them from dismissal. All four of these states have a few reasons for dismissal whether a teacher has tenure status or not. These reasons include: immorality, incompetence, and neglect, and of course committing any serious crimes inside or outside of school.
Ways to Safeguard Yourselves against Due Process
Ways that you can safeguard yourself from due process is to do research for the due process for your state. Making sure that you read over the due process and make sure that you understand your rights will help you know what you need to do to safeguard you against the due process. Also when you are signing new contracts you should always read over everything and make any correction that need to be made. Fully understanding what is expected of you and the consequences are if you do not follow the contract will also help you to safeguard yourself. Making sure that you read and understanding any documents that require your signature is the best protection against due process.
Unique Differences
In order for a non-tenured or probation teacher to reach his or her tenured position during their teaching career Missouri teachers “must have worked for the same district for five consecutive years” (Missouri NEA, 2014, para. 2). The other states such as Oklahoma, Louisiana, and Pennsylvania require their teachers to teach consectively for three years. Because at the "start of their third year" (Legislative Analyst's Office, n.d., para. 2) their status will change to tenured.


References
Legislative Analyst's Office. (n.d.). Retrieved from http://www.lao.ca.gov/ballot/2005/74_11_2005.htm

Missouri NEA. (2014). Retrieved from http://www.mnea.org/Missouri/News/Heads-up-for-
probationary-teachers-27.aspx

State of Oklahoma. (n.d.). Retrieved from
https://view.officeapps.live.com/op/view.aspx?src=http%3A%2F%2Fdeutsch29.files.wordpress.com%2F2014%2F05%2Foklahoma-2010-sb2033-enrolled.doc

Teacher's rights: tenure and dismissal. (2014). Retrieved from http://education.findlaw.com/teachers-rights/teachers-rights-tenure-and-dismissal.html

Teacher Tenure is Under Attack in Louisiana. (n.d.). Retrieved from
http://la.aft.org/files/article_assets/D7D9D667-F4E2-FF7F-FF81C20AC80A1E27.pdf

Teacher schools and staff rights. (2011). Retrieved from http://Teachers rights: tenure and dismissal. (2014). Retrieved from http://education.findlaw.com/teachers-rights/teachers-rights-tenure-and-dismissal.html
Reasons why differences occur among the states compared
State laws differ in how much support teachers must receive before they are dismissed for performance.
Each state often has case law on the books interpreting the statutes and potentially introducing additional requirements and restrictions.
Some states are more liberal, and some put more infaces on education. This means that if a state has a robust education program, they want the teachers to be happy giving them more rights.
What would states lose for teachers transferring tenure? By not allowing the transfer of tenure for teachers in some states such as in Louisiana, they are discouraging teachers from transferring schools.
Each states difference is for the purpose of making their state and due process laws clearer or to rectify any serious errors in hearing processes; not all states hold the same laws.
Each state has different core goals and requirements for their school districts.
Each state has different available funds.
Steph Hillegas, Jessica Lemons, Tabitha Mccrary, Valle Thompson, Anna, Wofford
EDU/315
Beverly Schonhoff
November 23, 2014

Unique Differences
2.) In the state of Missouri if a probationary teacher signs a contract and then decides to not teach in the district he or she could face serious consiquences. This type of behavior is also called abandonment of the contract.

If the district chooses not to let the teacher out of the contract, however, the teacher must work in the district the next year. There are serious consequences to breaking the contract, including
discipline against the teaching certificate and a lawsuit for money damages. (Missouri NEA,
2014,para. 7)

Now looking into the state of Oklahoma probationary teachers abandoning their contract states

The failure of a teacher to report at the beginning of the contract term or otherwise perform the duties of a contract of employment when the teacher has accepted other employment or is performing work for another employer that prevents the teacher from fulfilling the obligations of the contract of employment. (State of Oklahoma, n.d., pg. 21)

It is amazing that Missouri takes additional legal steps rather thank Oklahoma. Oklahoma allows their districts seek either terminating their contracts or seeking legal action.

Unique Differences
3.) Missouri teachers can transfer one year of tenure if they have "worked two or more consecutive years" (Missouri, NEA, para. 2) within another district. Teachers can "bring more than one year toward tenure into a new district, regardless of the number of consecutive years in another district" (Missouri NEA, 2014, para. 2). Only one year will be used toward tenure.
Louisana teachers tenure “is not transferable. Tenured teachers who transfer to a different system must start the tenure process anew” (Teacher Tenure is Under Attack, n.d., What is tenure, and why is it important?). It is amazing how states can differ on tenure transfers.
When looking up Oklahoma and Pennsylvania I was unable to locate the information if their tenure was transferable.
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