Due Process in the Termination of Non-Contract Personnel.

Due process in employment practices is guaranteed to school employees to the extent that they have constitutionally protected liberty and property interests in their employment. This paper reviews the responsibilities of school business officials at every stage in the employment process, from the original application for employment through termination and the responses that may follow termination. The paper first describes questions that can and cannot be asked of applicants. The hiring process is considered next, with particular attention paid to the screening of applicants and the thorough orientation of new employees. The paper's discussion of on-the-job procedures focuses on probationary periods, evaluations, and oral and written reprimands. The procedures to be followed if termination becomes necessary are spelled out next. The paper then considers the actions that terminated employees may take and reviews the questions that administrators must be able to answer positively if they are to be assured that they have followed due process adequately. (PGD)