Because the particular combination of type of position, duration, and person occupying the position dictates what process is due, careful attention must be given to each individual employment issue. Care should be taken to specify the exact nature of each position so that proper due process is given. Some school districts employ very long-term substitutes who are professional employees and who substitute for many different teachers who are absent. Under the law, there is no obligation for any due process when the final absent person returns. Of course, collective bargaining agreements can give additional protection so they should be consulted also.
Due process is affected by the gravity of deprivation.
The major employment actions which can be taken in regards to educators are listed below in descending order of severity of deprivation of the property interest, with the annulment of certification being the most severe and transfer being the least. Temporary loss of livelihood as an educator because the certificate has been suspended Dismissal Loss of employment with a particular school entity but employment as an educator is still possible with another school entity. Suspension Lay-off by a particular school entity but employment as an educator either with this or another school entity is possible. Transfer Transfer to a different school building within the school district or to a different class or subject within the teacher's area of certification. The above table lists the employment actions in regards to deprivation of a property interest.