Due process law simply means that educators accused of something have protection. Protection must be fair and reasonable to balance social concerns such as government affairs and criminal behavior. Employee rights arise from constitutional provisions, state and federal statutes and regulations. The Civil Rights Act of 1964 protects educators employed in private or public schools (Oliva, 2009). Additionally, the Equal Protection Clause of the Fourteenth Amendment protects educators from discrimination; amended in 1972 to include educational institutions (Dhanoa and Kleiner, 2000). The answer to the discussion question is to identify and review the essential elements of due process documentation, protocol, and procedures. Due Process Protocol A due process protocol for mediation and arbitration of legal employment disputes meets before the Superintendent. The defendant receives legal notice (summons) or documents (procedure) from a court to enable him or her to respond to the court. Teacher unions, such as the American Federation of Teacher Union (AFT), require that representatives receive notice and attend the meeting. Teacher union protection and tenure often make it difficult to fire underperforming teachers. This protocol allows for rapid, inexpensive and fair resolution of the dispute (Nolan, 2008). The arbitration agreement should be entered into in a timely manner due to a conflict of interest with the attorney assigned to represent the employees' rights (Dhanoa and Kleiner, 2000). Additionally, discuss attorney fees, especially for lower-paid employees. The arbitrator is a neutral person with the knowledge and skills necessary to conduct the hearing. The employee must have access to the documentation (teacher evaluation) present ...... middle of paper ...... rights and ensure that there is just and reasonable cause for the teachers underperformers. Many teachers fired through due process may perform poorly in the classroom. Additionally, behaviors and issues related to minimal contractual accountability in the classroom are also grounds for dismissal in schools. The Due Process Act amended the justice system to ensure a fair and public trial and the right to be heard. Works Cited Dhanoa, DS & Kleiner, BH (2000). “How to Apply Due Process” Management Research News, Vol. 23 Iss: 7/8, pp.89 – 94. Retrieved from http://search.proquest.comNolan, JF (2008). Teacher supervision and evaluation: from theory to practice 2nd ed. Hoboken, NJ: John Wiley & Son, Inc. Oliva, P. (2009). Curriculum development for education management company. Garland, Texas: Addison Wesley.