Due Process

Why Due Process?

"Due process for K-14 public school teachers developed and exists fundamentally as a protection for pupils and schools to ensure their rights to a continuing program of quality education. Pupils deserve the best instruction available, in schools staffed by qualified professionals hired and retained on the basis of professional criteria. Such instruction is possible only if the employment practices of the schools are free from discrimination or economic bias. Because of the critical importance to pupils and teachers of the schools of guarantees of academic freedom, protection from arbitrary dismissal actions, and defense against external pressures that would restrict the student’s right to learn, it is vital that procedures providing for these matters be based in law" from CTA’s Evaluation: Key to Excellence (2005).

Cases in the files of the California Teachers Association indicate that when full protection of due process and impartial decision-making authority is absent, dismissals in many cases have been characterized by:

  1. Nepotism and political patronage: (dismissing teachers to open jobs for relatives and friends or to repay political debts stemming from election to the office of school board member.)
  2. Political and social bias: (dismissing teachers because they hold political views unpopular with the employing board or come from social or ethnic backgrounds against which influential board or community members are prejudiced)
  3. Favoritism, bossism, or bureaucratic despotism: (dismissing teachers because of the personal preferences of administrators or because of teacher activity in professional associations, etc.)
  4. Economic pressures: (dismissing experienced teachers on higher levels of salary schedules in order to replace them with less prepared or less experienced and therefore less expensive employees.)
  5. Trivia: (dismissing teachers for unsubstantiated, inconsequential, irrelevant, or trivial reasons unrelated to any reasonable connection with the quality of instruction provided for pupils.)

Facts Rules Impact Suggestions Knowledge (FRISK™)

Excellent communication skills are essential for good performance management. They are important competencies used in the entire performance management process, from planning and communicating work expectations to recognizing teachers for their successful achievements. To communicate effectively with teachers, administrators generally have the following traits:

Most teachers are capable, willing and able to correct performance deficiencies, but have not received clear guidance and established strong working relationships with administrators. In some instances, administrators may use FRISK to dismiss as the goal. The objective of FRISK® is to correct performance deficiencies, provide clear guidance, and increase a teacher's knowledge.