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Satellitetvseeker.info Exclusive Reports: Part Iv: Satellite Tv for Pc: Product Reviews

Introduction

In this Four Part Series, we will examine: Satellite TV for PC (PCTV)

• Part I: This new technology, what it is and how it works (briefly),

• Part II: How to buy this new technology Online (in great detail),

• Part III: What the implications of this new technology are (in broad detail) and finally,

• Part IV: What kinds of products are available (in serial installations).

The Series:

SatelliteTVSeeker.info Exclusive Reports: Satellite TV for PC: Part I: Satellite TV and Satellite TV on PC: Great Expectations. (Now Available!)

SatelliteTVSeeker.info Exclusive Reports: Part II: Satellite TV for PC: Buying Satellite TV for PC. (Now Available!)

SatelliteTVSeeker.info Exclusive Reports: Part III: Satellite TV for PC: Disruptive Technology. (Now Available!)

SatelliteTVSeeker.info Exclusive Reports: Part IV: Satellite TV for PC: Product Reviews. (Now Available!)

Satellite TV for PC: Part IV: Product Reviews:
1. A Software Solution: TRACK 1 of 2

In previous installments: Parts I, II, and III, the stage has been set for actual Product Reviews, I include here, and in Reviews to follow.
If you missed one or more of the first three installments, you can easily catch up by visiting: www.satellitetvseeker.info Archived Articles Page.

In Part IV of the Series, we're going to evaluate (3) Solutions in a growing array of Products destined to bring PCTV fully into the World marketplace.
Here, over the course of a few weeks, we will look at a Software Solution Part IV-1, a Hardware Solution Part IV-2, and a Noware (No Software and No Hardware) Solution, Part IV-3.

Preparation

First, I will introduce a few terms I'll be using to describe and classify Software Solution PCTV: Thanks in part to The Free Dictionary, and Wikipedia. Visit: www.thefreedictionary.com and
www.wikipedia.com

Origination and Delivery
Live TV v. Recorded Programming: Live TV is experienced (very nearly) at the time events are actually taking place. Recorded Programming is Pre-recorded content, generally intended for later transmission and/or viewing.
For example: Live sports programs reach viewers almost as they happen, as distinguished from prepared Video Clips, and Instant Replays, which are classified as Pre-recorded Programming.
Streaming: (Media) Continuous Video and/or Audio Transmission. According to my Wikipedia, Streaming Media is media that is consumed (read heard, viewed) while it is being delivered. Streaming is more a property of the delivery system than the media itself.
The distinction is usually applied to media that are distributed over computer networks; most other systems are either inherently Streaming (radio, television) or inherently Non-streaming (E-books, Video Cassettes, and Audio CDs).
Buffering: (Streaming Media) Downloading the first block of data. In Streaming Media, buffering refers to bringing in an extra amount of data (filling the buffer) before playing the Audio or Video.
Having more Audio Data or Video Frames in (Computer) memory than are actually needed at each precise moment, compensates for momentary delays in transmission from the source.
When a network is fast enough to keep up with playback, Buffering is not necessary; however, this is not the case over the Internet where packets can traverse 20 routers from source to destination, and delays of any duration can occur at any time.
Practically speaking, Buffering is a process which must precede transmission of Audio and Video of Streamed Media. Re-buffering occurs when transmission is disrupted and data must be supplemented or reloaded.

Synchronization: (Audio/Video Pairing) Media images and sound can be combined such that the perception of Audio/Video (A/V) events, though separately channeled, is imperceptible.

For instance, while watching Satellite TV, if you observe closely enough, you will be able to detect a slight Time Lapse, from the time you see words pronounced, to the time you actually hear the sounds of the voices of actors.

Bandwidth: The amount of data that can be passed along a communications channel in a given period of time.

Picture Quality

Definition: A term used to refer to the degree of detail in a graphic image, piece of artwork, or any other object.
Most all current Satellite and Cable TV is viewed in what is classed as Standard Definition (SD). High Definition (HD) delivers images that are about (4) to (5) times sharper than SD.

Clear: No interference.

Grainy: Having visible dots, pocks and running lines like old celluloid movies.

Focus: Blurred to Sharp.

Sharp: Well-defined objects.

Fuzzy: Poor definition.

Saturation: Relating to Color. Vividness of hue; degree of difference from a gray of the same lightness or brightness. Saturation is also called intensity.

Bleed: The color of one object dispersing into another.

Brightness: The effect or sensation by means of which an observer is able to distinguish differences in luminance. The dimension of a color that represents its similarity to one of a series of achromatic colors ranging from very dim (dark) to very bright (dazzling).

Luminance: The intensity of light per unit area of its source.

Flicker: Unstable Images which bounce and/or vary in intensity and brightness.

Jaggies: Jagged edges or points at the perimeter of objects, which should otherwise appear smooth.

Pixels: The basic unit of the composition of an image on a television screen, computer monitor, or similar display. Ideally, in terms of quality production and program delivery, these Pixels are never perceived by the viewer. Pixels, observed, are also known as "Artifacts."

Pixelization: Squarish blocks or tiles of color, or black and white chips, which are apparent to the viewer.

Images: A variety of things on screen, consisting of Graphics and Stills and other objects, seemingly in the foreground, superimposed on a background.

Graphics: Logos and alpha-numeric messages superimposed on a screen. Sharp to Blurred.

Stills: Photo images without apparent motion. Sharp to Blurred. Also called "Freeze Ups" when they occur in Streamed Media.

Drop Outs: Visual discontinuity.

Motion: Sharp to Blurred Images.

Motion Ghosts: Trails of Images residual from one second to the next, creating Blurred Images.

Audio Quality

Bass: A low-pitched sound or tone. The tones in the lowest register of an instrument.

Treble: The highest part, voice, instrument, or range.

Fidelity: The degree to which an electronic system accurately reproduces the sound or image of its input signal.

Drop Outs: Audio discontinuity.

Distortion: An undesired change in the waveform of a signal. A consequence of such a change, especially a lack of fidelity in reception or reproduction.

For example, any given audio clip of the Human Voice, fed through any sound system at top volume, is considered to be distortion.

The Software Solution Test

Objectives: To provide a fair, consistent and thorough evaluation of the Solution by applying and following good "scientific" methods.

Methodology: The application of an observable and repeatable battery of tests of Audio and Visual characteristics and capabilities of the Solution.

Tested: Satellite TV for PC 2006 Elite Edition: $49.95 USD.
URL:

Variable Test Factors: The following Factors all influenced the Results and Conclusions (which are listed below) to a lesser or greater extent.

The Test Equipment Factor

The capabilities of the Personal Computer (PC) used must be considered. Newer, more powerful PCs will naturally deliver better more satisfying overall experiences.

For the Tests, I used my 2006 HP Pavilion ze2000 with its 15" Diagonal Screen (9" Measured Vertically x 12" Measured Horizontally).

The built-in sound system is Altec Lansing, which has provided reasonable fidelity and volume.

My HP PC is capable of acquiring Internet signals Wirelessly.

I used MicroSoft Windows XP and Windows (Free) Media Player 11 to perform all the testing with this Software. Alternately, Real Player may be used, though you may be obliged to buy a Basic Download, as the Free Version may fail to install.

Other than Volume/Performance "hardware acceleration (set to Full)" and something called "sample rate conversion quality (set to Best)" my PC sound system only allows for the standard equalizer settings: Balance and Volume.
Beyond that, there is no real purpose in defining the Audio Characteristics of PCTV. There is simply nothing more of importance to measure.

In preparation for the Test, I downloaded the Software and readied everything on the HP in advance, as per the Software Manufacturers recommendations.
The adjustments included changing the Display Resolution to 800×600, and adjusting Dots Per Inch (DPI) to 96.

For our purposes here, I am referring to the quality of the observed images with the PC Display and Settings adjusted for viewing PCTV: 800×600 Pixels, at 96 DPI, with the Display otherwise in default mode, on the MicroSoft XP Control Panel.

For comparison, I used a Factory Burn DVD of Average Standard Definition (SD) Quality. The sound was generally [8] Very Good quality with well-modulated Base and Treble. The Video quality was also [8] Very Good.

Note: See below Numeric Rating Factors indicated "[ ]"

As the DVD Test I performed before the Software Test, gave such good results, I did not adjust any of the Color Settings available on my Monitor.

The Internet Factor

It must be considered that the Internet, itself, delivers a variable product. All other things being equal, generally, the slower the service available for testing, the more users on the Internet at any given time, and the more intense the demands, the slower the Internet delivery speeds are going to be.
Ultimately, for testing Software Solutions, this means that Buffering can slow to a stop, which in turn means that viewing may be interrupted by interim, or Re-buffering sometimes required to continue Streaming.

In these instances, Still Images will linger on the Display until full Streaming can be restored.

The Internet Connection/Delivery Factor

• Dial Up Services (Not Tested): A Software Solution may not work satisfactorily at Dial Up Internet levels, due the huge amount of information that needs to pass through your Internet Connection all at once.
Dial Up speeds, pegged at 56Kbps* or lower, are generally so slow that Software may fail to load Programming. However, as there are a few channels designated for Dial Up on the Software I tested, apparently some consideration has been given to accommodate Dial Up Users.

• Cable Internet Services (Not Tested): If speed and wired connections are important to proper functioning, this Software Solution may work very well for you who are fortunate enough to have Cable Internet Access!
The characteristic fast speeds of Broadband Cable, around 4Mbps*, may also deliver uniformly Good, to Very Good Audio and Video with the tested Software, with fewer Freeze Ups and Drop Outs.

• Digital Subscriber Line (DSL) Services (Not Tested): This kind of Broadband service may work well for you using a Software Solution.
Because of the nature of the service: Relatively wide Bandwidth, at 1.5Mbps*, and Wired Delivery; DSL may provide a very satisfying PCTV experience.

• Satellite Internet Services (As Tested): With Bandwidth measuring around 400Kbps* and up, and Wireless Delivery, you may experience the very same kinds of things (Freeze Ups, Drop Outs, Re-buffering, etc.) which I have recorded here.
As I note below, for the Home Office Test, in order to conduct any testing, it was necessary to connect my PC to its Router with an Ethernet Cable.

• Broadband WIFI Services (As Tested): With Bandwidth measuring around 1.5Kbps* and up, and Wireless Delivery, you may experience the very same kinds of things (Freeze Ups, Drop Outs, Re-buffering, etc.) which I have recorded here.

*Comparison Data Courtesy: www.internetfrog.com

The Test Services Factor

The following Tests were run in two different locations under the following conditions:
Test 1. Home Office Test: High Speed Satellite Internet Service with DirecWay 6000 Modem rated at 700Kbps down/128Kpbs up, and LinkSys Router: Wired Connection. (Wireless Connection Trials almost always failed.)
Test 2. StarBucks Test: T-Mobile WIFI Network (Wireless) Connection. T1 Speed advertised. (At 1500Kbps or 1.5Mbps, T1 is more than twice the speed actually furnished by my Satellite System.)

The Human Factor

My own set of foibles, biases, hopes, and yes, Great Expectations, must be taken into account.
What I really want from the PCTV Software is the same TV experience I know and love, as I have experienced at home, Tube Side.
Only now, I want my Satellite TV for PC to be entirely portable, and ideally, free of monthly subscription fees.

The Quality Factor

DVD/CD-ROM/OTA Quality: Used here as yardsticks for comparing and contrasting the quality of test PCTV experiences.

Rating System: Here is the ranking (Best to Worst) I will use when describing PCTV Audio and Video.
Note: While High Definition (HD) provides by far the best quality TV signal available, at this time, 09/01/06, so few HD Sets are in use, HD is not a useful measure for comparison.

Therefore: The following Rating System will be applied here:

Supreme: High Definition (HD) MPEG-4 DVD Best Quality (Factory Burn) as played on a Lap Top PC. (This Rating is furnished for comparative purposes only.)

Excellent: Standard Definition (SD) MPEG-2 DVD Average Quality (Factory/Home Burn) as played on a PC.

Very Good: CD-ROM Quality as played on a Lap Top PC.

Good: Off-The-Air (OTA) Quality, high frequency radio signals, as played on a TV Set or Lap Top PC using a Hardware PCTV Solution.
(More on this subject in Part IV-2.)

Fair: Off-The-Air (OTA) Quality, high frequency radio signals, as played on a TV Set or Lap Top PC using a Hardware PCTV Solution.
(More on this subject in Part IV-2.)

Poor: Off-The-Air (OTA) Quality, high frequency radio signals, as played on a TV Set or Lap Top PC using a Hardware PCTV Solution.
(More on this subject in Part IV-2.)

Unacceptable: Too poor to rate.

Numeric Rating Factors

For our Tests, we will be comparing Standard Definition (SD) Factory/Home Burned DVD, equating it to the same SD quality as Satellite TV MPEG-2, and comparing these equals to the Software Solution PCTV experience. Ratings shown "[ ]"

Video (Picture Quality): [10] (Perfect) - [5] Adequate - [1] (Awful)
Audio (Sound Quality): [10] (Perfect) - [5] Adequate - [1] (Awful)
Synchronization (Audio/Video Pairing): [10] (Perfect) - [5] Adequate - [1] (Awful)

Based on the above criteria, here's how our Bench Mark, DVD Average, Standard Definition (SD) Quality rates:

Video (Picture Quality):
Small Screen Option:
Color: [9] Excellent. Full Red/Green/Blue (RGB) Palette.
Graphics: [9] Excellent. Clear and Sharp.
Resolution: [8] Very Good: Sharp. Clear Stills, Graphics and Smooth Motion, without apparent Blurring or excessive Jaggies.

Video (Picture Quality):
Full Screen Option:
Color: [8] Very Good. Full Red/Green/Blue (RGB) Palette.
Graphics: [8] Very Good. Clear and fairly Sharp. Some Motion Ghosts.
Resolution: [8] Very Good: Sharp. Clear Stills, Graphics and Smooth Motion, without apparent Blurring or excessive Jaggies.

Audio (Sound Quality): [9] Excellent: Very Clear with no Drop Outs or apparent Distortion. Uniform sound quality with [8] Very Good Bass and Treble.

Synchronization (Audio/Video Pairing): [9] Excellent. No apparent lapse between Audio and Video perception.

Definition (Standard): Unless otherwise noted. [8] Very Good.

Resolution: [8] Very Good.

Audio Factors

Because the Satellite TV for PC Interface tested has only one Audio Control, Volume, there is no point in analyzing the sound quality other than to note the obvious: Volume Controls, and Audio Drop Outs.

Note: If the Streamed Media can't be heard at a reasonable viewing distance, from 2' to 3' distant from the PC Display, there is a Audio problem.

Satellite TV for PC 2006 Elite Edition Interface Volume Control: My experience ranged from Satisfactory to Unsatisfactory.

Note: Having to adjust the PC Volume on the XP Control Panel, in addition to maxing out the Software Interface, was a hassle. Drop Outs in the Audio Stream were too frequent.

Video Factors

Picture Quality characteristics merit considerable attention: Color, Graphics and Resolution, are all important measures of the quality of the PCTV experience.
Therefore most attention will be centered here.

Installation Factors

Software Download from Web Site: Degree of difficulty: Easy

Interface 1: "Satellite TV for PC". Configured during Download.

Interface 2: "TVAnts". Two additional Servers must be manually configured after Download: Easy.

Pop Ups-and-Downs Blizzard Factors

On the downside of this rather easy and otherwise uneventful set of events, was the absolute blizzard of pops-everywhere featuring Chinese advertising: observed both during Download, and as I recall during Installation!
If you plan on purchasing this Software, be advised! StopZilla (a good suppressant) may be just what to employ, prior to your Download!

Interface Control Factors

Satellite TV for PC 2006 Elite Edition Interface Controls:
Interface 1. and Interface 2.
Launch: Quick and sure.
Menu Bar: Easy to use with Drop-down Sub Menus.
Controls: Play and Stop: Easy to operate, and obedient.
Full Screen and Shut Down: Easy to operate, and obedient.

• * *

Test 1: Following is a recap of my experience with (6) popular US-Based TV Channels, in my Home Office:

Fox (WVUE-TV): Loaded in 1 minute or less.
Audio: [7] Good: Audible with Interface Volume 50-100%.
Video: Small Screen:
Colors: [4] Fair: Muted and Washed. Pink Flesh tones: Like watching tinted Black and White Video.
Graphics: [6] Good: Readable Graphics.
Resolution: [4] Fair: Hard to distinguish presenters from backgrounds. Focus varies from Sharp to Fuzzy.
Video: Full Screen:
Colors: [4] Fair: Muted and Washed. Pink Flesh tones: Like watching tinted Black and White Video.
Graphics: [4] Fair.
Resolution: [2] Poor. Jaggies and Blurring Motions. Fuzzy Images.
Synchronization: [6] Good, despite noted Focus issues.

ABC (ABCNEWS): Loaded in 1 minute or less.
Audio: [7] Good. With Interface Volume 50-100%.
Video: Small Screen
Colors: [4] Fair: Strong blues and blacks. Otherwise Muted: Like watching tinted Black and White Video.
Graphics: [6] Good.
Resolution: [6] Good Video Images. Motion Blurring.
Video: Full Screen
Colors: [4] Fair: Strong Saturated Blues and Blacks. Otherwise Muted: Like watching tinted Black and White Video.
Graphics: [4] Fair.
Resolution: [4] Fair: Jaggies apparent. Motion Blurring.
Synchronization: [4] Fair.

ESPN: (2) Attempted loadings crashed Program.
Audio:
Video: Small Screen
Colors:
Graphics:
Resolution:
Video: Full Screen
Colors:
Graphics:
Resolution:
Synchronization: Good

Bloomberg: Loaded in 1 minute or less.
Audio: [7] Good. With Interface Volume 50-100%.
Video: Small Screen
Colors: [7] Good Flesh tones. Strong Saturated Blacks and Blues.
Graphics: [7] Good. Readable.
Resolution: [4] Fair: Jaggies. Motion Blurring.
Video: Full Screen
Colors: [4] Fair: Good Flesh tones.
Graphics: [4] Fair.
Resolution: [2] Poor: Motion Ghosts and Jaggies. Fuzzy images.
Synchronization: [2] Poor.

C-SPAN1: (2) Attempted loadings crashed Program.
Audio:
Video: Small Screen
Colors:
Graphics:
Resolution:
Video: Full Screen
Colors:
Graphics:
Resolution:
Synchronization:

QVC (British Version): Loaded in 1 minute or less.
Audio: [4] Fair: Muddy but Audible at Interface Volume 50-100%.
Video: Small Screen
Colors: [4] Fair: Strong Saturated Darks and Reds. Otherwise Muted. Pink Flesh tones.
Graphics: [4] Fair.
Resolution: [3] Poor: Pronounced Jaggies.
Video: Full Screen
Colors: [3] Poor: Strong fuzzy, bleeding Darks and Reds. Otherwise Muted. Pink Flesh tones.
Graphics: [3] Poor.
Resolution: [1] Awful. Jaggies. Motion Ghosts. Blurry. Video in and out of Focus.
Synchronization: [4] Fair. Despite Video issues.

• * *

Download/Play Program Evaluation

Scoring: Test 1: Out of a field of 6, 2 out of 6 Channels failed to load at all.
The QVC Channel was only available in the British Version, rendering the total useful USA Programming (3 Channels out of 6 Tested) at an abysmal 50%.

• * *

Best Regards,

Craig Guest
CEO, Satellite TV Seeker
stsinfo@satellitetvseeker.info

Fair Use Policy: This Article may be reprinted or otherwise reproduced in total, provided that the following resource is cited:
www.satellitetvseeker.info

Continued on TRACK 2

About the Author

Web Site: http://www.satellitetvseeker.info
Email: stsinfo@satellitetvseeker.info

Hi, Craig Guest here. The Satellite TV Business has been my occu-passion for the last six years. Looking back, it's been an extraordinary journey. My favorite quote: "It is good to have an end to journey toward, but it is the journey that matters in the end." - Ursula K. LeGuin

Craig started as a Satellite TV installer and serviceman, and soon got involved in selling for both DISH Network and DirecTV. When Satellite Internet arrived on the scene in 2001, Craig took the plunge and got certified for StarBand, Pegasus Express and DirecWay as an installer and serviceman. High Speed Satellite Internet sales soon followed, and today his watchwords are: Anything Satellite.

Web Site: http://www.satellitetvseeker.info
Contact: stsinfo@satellitetvseeker.info

sir, i want to connect my 2 computers through the switch. i want to connect my modem to the switch . ?

i have dataone Broad Band connection. can i share internet connection. i want to connect my computer through the residential gate way. is there any possibility to connect the ethernet cable that is from dsl modem to the swith and connect the two computers through the switch.

Instead of using a switch, get hold of a router - wireless would be better. That way, you can eliminate all the cables. Then connect the modem to the router and it will assign an IP address to each computer connected to it either through the ethernet port (wired) or through wireless.

Glass Mannequin

Visual Displays Needed to Start a Retail Store

Starting up a retail store can leave your head spinning!  The “to do” lists can be overwhelming.  Part of the start-up requires that you devise a plan for acquiring visual store displays.  This list will hopefully help you to narrow down some of your research and get the show on the road.

First you will need to decide on wall displays.  Choosing the right type of slatwall or gridwall system can save you a lot of space and money.  These types of Wall Display systems are versatile and help you to accomplish your most basic display goal; to keep the customer interested.  In order to keep your store aesthetically pleasing, you need to create an array of merchandising options that can change with your inventory, promotions and the seasons.  Keep photos of your display arrangements for future reference.  Make notes as to whether or not certain arrangements attracted more customers or more sales.

Floor displays need to function not only as Clothing Racks, but also as merchandising displays.  Choose garment racks, tables and shelves that give you a variety of options when it comes to displaying clothing.  Long racks of clothing all facing the same way make it difficult for customers or people passing through to see what you have to offer.  Keeping the displays more interesting can result in a better brand image and higher sales.  Try to choose Display Racks that face clothing outward.  It’s also a good idea to have racks that can accommodate folded and hung clothing.  Reserve less interesting display racks for clearance items.

The next step is to order your showcases.  A showcase is a special display that features a certain item, brand or category of items.  Showcases are often lighted glass cases that are well suited for illuminating certain areas of the store, drawing attention to high priced items, and keeping small valuables safe from shoplifters.  Showcases are regularly used as countertops in the register area of the store.

The last piece of your visual display puzzle is to incorporate mannequins into your design.  Mannequins can last for many years and are a great item to invest in.  They have been responsible for more sales than any other display in history.  They help to set the tone and environment in your retail store.  They communicate your image to customers while visually enticing them to feel emotionally connected with your product.

Once you have your gridwall or slatwall system, your garment racks, showcases and mannequins, you’ll be ready to tackle some of the other details on your list.  Good luck in your endeavor!

About the Author

About the Author: Ron Maier is the Vice President of S & L Store Fixtures, a leading online resource for retail Display Cases including mannequins, Mannequin Forms, gridwall and slatwall store fixtures. For more information, please visit http://www.slstoredisplays.com.

When is the new Jack's Mannequin CD coming out?

It's called The Glass Passenger and they keep changing the release date!

Wikipedia says early September, but I don't think there have been any more official announcements about it

Jack's Mannequin - "Making of The Glass Passenger" Sample

Comm Contract

The United States Constitutional Requirements Of Due Process Applied To The Public Employment Relationship Of School Personnel In Texas

The United States Constitutional Requirements of Due Process Applied to the Public Employment Relationship of School Personnel in Texas

 

Barbara A. Thompson, M.S.

PhD Student in Educational Leadership

College of Education

Prairie View A&M University

Administrative Assistant

College of Engineering Graduate Affairs and Research

 

William Allan Kritsonis, Ph.D.

Professor and Faculty Mentor

PhD Program in Educational Leadership

Prairie View A&M University

Member of the Texas A&M University System

Visiting Lecturer (2005)

Oxford Round Table

University of Oxford, Oxford England

Distinguished Alumnus (2004)

Central Washington University

College of Education and Professional 

ABSTRACT

 Most of the legal disputes arise out of the employment of public school personnel.  Laws that affect the employment relationship, the constitutional concept of due process of law, different employment arrangements available to public schools in Texas, the hiring and firing process, and the legal issues that arise in these contexts are examined.

  

 

Introduction

The United States (U.S.) Constitution applies to the public employment relationship (Walsh, Kemerer & Maniotis, 2005).  This fact distinguishes public employment from private employment.  The due process of the Fourteenth Amendment is not invoked in the private sector and it is not a guarantee against incorrect or poor advisement.  According to the U.S. Constitutional requirement of the due process clause, states must afford certain procedures before depriving individuals of certain interests.   Laws and legal proceedings must be fair.  When a person is treated unfairly by the government, including the courts, he is said to have been deprived of or denied due process.  (The Lectric Law Library's Lexicon on Due Process, n.d.).  The focus is on deprivation of liberty or property.  Certain procedures are considered due process and certain interests are life, liberty, or property.  The Supreme Court requires individuals to show that the interest in question is either their life, their liberty, or their property.  If the interests are not in either of these categories, life, liberty or property, no matter how important it is, it doesn't qualify for constitutional protection.  The U.S. Constitution only restricts governmental action.

Rights can be regulated or taken away altogether if due process of law is provided (Walsh, Kemerer & Maniotis, 2005).  The due process clause serves to the use of fair procedures, more accurate results that would prevent the wrongful deprivation of interests.  Due process provides individuals the opportunity to be heard from their point of view.  This allows the individual to feel that the government has treated them fairly.  The due process clause is essentially a guarantee of basic fairness by giving proper notice, providing an opportunity to be heard at a meaningful time in a meaningful way or a decision supported by substantial evidence.  The more important the individual right in question is, the more process that must be afforded (Exploring Constitutional Conflicts, 2009).

 

The Purpose of the Article

The purpose of this article is to focus on the constitutional concept of due process of law, different employment arrangements available to public schools in Texas, the hiring and firing process and the legal issues that arise in these areas.

The Constitutional Concept of Due Process

            In any personnel decision, the question is whether the employee was deprived of any property or liberty with the constitutional guarantee of due process of law.  The 1972 U.S. Supreme Court case of Board of Regents v. Roth, ruled that teachers are protected under the 14th amendment property right of continued employment if the state law gives them a legitimate claim of entitlement to it (Walsh, Kemerer & Maniotis, 2005).  Before any process is due, there must be state action and a significant, more sudden and dramatic deprivation of life, liberty or property.  For example,

            The federal court is not the appropriate forum in which to review the multitude of

personnel decisions that are made daily by public agencies.  We must accept the harsh fact that numerous individual mistakes are inevitable in the day to day administration of our affairs.  The United States Constitution cannot feasibly be construed to require federal judicial review for every such error.  In the absence of any claim that the public employer was motivated by a desire to curtail or to penalize the exercise of an employee's constitutionally protected rights we presume that official action was regular and, if erroneous, can best be corrected in other ways.  The Due Process Clause of the Fourteenth Amendment is not a guarantee against incorrect or ill-advised personnel decisions.  (Russell v. El Paso I.S.D., 1976, p. 565.)

When the government deprives an individual of life, liberty or property, the due process clause is invoked.  A property right protected by the Fourteenth Amendment may not be taken away without providing a person with due process (Walsh, Kemerer & Maniotis, 2005).  Governmental action is restricted by the U.S. Constitution.  In the private section, the due process clause is not invoked.  Due process is not an absolute.  It varies according to the deprivation of property.

            When a person accepts a position with a school district on an at-will basis, he or she has no property right in the job (Walsh, Kemerer & Maniotis, 2005).  There is an at-will employee contract that incorporates an at-will relationship.  If the at-will employee points to the employee's policies and procedures manual as reasons not to be fired, no process is due.  The at-will employee has a contact where the at-will relationship is stated and each party is free to end the employment relationship without notice, hearing or good cause (Walsh, Kemerer & Maniotis, 2005).  There is no property right in the job, therefore no process is due.  If the employee's contract is not renewed and the contract has run its full course, there is no process due.  If the contract is not renewed and there is another year on the contract, then due process is invoked.  The employee who has a contract is entitled to due process.  

Due process for a terminated employee includes giving timely notice of why the termination is occurring, a fair hearing so that the employee can defend himself, names and the nature of the testimony of witnesses against the employee must be available, and sufficient evidence to establish a good cause for dismissal must be presented (Walsh, Kemerer & Maniotis, 2005).  The employee can be on the job for thirty years or the employee can be a one year probationary teacher.  If the contract was terminated before the stated expiration date, the property right of the individual is in question and due process is invoked.  Texas employees are allowed an independent hearing.  Any decision to terminate a contract comes back to the school Board before it is final.  The employee must produce clear evidence if they charge the Board with partiality.

            The liberty right of the individual addressed in the Fourteenth Amendment suggests that the parent has a right to select a non-public school, the right to privacy and the right to a good reputation.  In the 1972 Supreme Court case Wisconsin v. Constantineau (p.437), the employee stated the government put his name, honor and reputation at state, therefore a notice and an opportunity to be heard was essential.  Stigmatizing statements create a right to a name clearing hearing only if they arise in conjunction with termination or non-renewal of employment as in the Siegert v. Gilley, 1991 court case.  If the employee publicized the defamatory remarks, due process is not invoked.  There is no right to a name clearing hearing.  In Burris v. Willis I.S.D., 1983, a teacher claimed that when a board official read a letter about him at an open board meeting and in so doing, it violated his constitutional rights by depriving him of a liberty right to a good reputation.  The teacher's claim was rejected because the file was kept confidential. 

Employment Arrangements, Contracts and Legal Recourse

            There are six types of employees within the public school (Walsh, Kemerer & Maniotis, 2005).  They are at-will employees, non-chapter 21 contract employees, probationary contract employees, term contract employees, continuing contract employees and third-party independent contract employees.  Legal issues arise within each area when the relationship is ended. 

At Will Contracts

The at-will employee has a contact where the at-will relationship is stated and each party is free to end the employment relationship without notice, hearing or good cause.  This employee can be terminated for good reasons, bad reasons, or ‘no reason at all'.  ‘No reason at all' refers to a reason based on a bad reason that violates state or federal law.  If the decision is a wrongful discharge and the employer violated state or federal law, the employee can sue (Walsh, Kemerer & Maniotis, 2005).  The at-will relationship is the norm in the private sector.  For example, an employee in at at-will relationship in the private sector can be described as an employee working for 30 years and quit his or her job tomorrow.  Also, an employee can go into work the next day and be fired (Walsh, Kemerer & Maniotis, 2005).   The terminated at-will employee can file suit alleging his discharge was due to retaliation for his exercise of his constitutional rights when he or she blew the whistle on wrongdoing.  The terminated employee can also file discrimination based on race, sex, religion, age, national origin, or disability if it can be proven.

Chapter 21 and Non Chapter 21 Contracts

Teachers certified under chapter 21 of the Education code must have a contract.  Chapter 21 employees include the classroom teacher, librarian, nurse or counselor, which means a probationary, term or continuing contract.  Section 21:201 describes a teacher under term contract law as a supervisor, classroom teacher, counselor or other full-time professional who must be certified under Subchapter B or a nurse.  Non-chapter 21 employees do not need a contract and do not require certification.  They are not subject to an independent hearing system or statutory non-renewal process.  Positions such as business manager, director of transportation, director of construction and facilities or director of maintenance do not require certification.   If there is a written employment contract, and the employee alleges the district violated the contract and meant him monetary harm, the employee can appeal to the commissioner pursuant to TEC § 7.107.

Probationary Contracts

            Probationary contracts are for those teachers who have never taught before or who have not been employed for two consecutive years subsequent to August 28, 1967. (TEC § 21.102.  The probationary period can be as long as 3 years except for experienced educators with previous employment in public school for 5 of the 8 preceding years.  The probationary teacher will serve under a 3 consecutive one-year probationary contracts.  Probationary periods can be for a semester when the school year falls in the middle of the year.  A probationary teacher can resign without penalty up to forty-five days before the first day of instruction.  If school starts in mid-August, the teacher must resign before July 1 or suffer sanctions imposed by the State Board of Educator Certification.  A probationary contract can be non-renewed by the board even if the superintendent recommended that it be renewed (Berry v. Kemp I.S.D.).

Term Contracts

            After the probationary period, the teacher must receive either a continuing or a term contract (Walsh, Kemerer & Maniotis, 2005).  The length of the contract and the process for renewal, nonrenewal, or termination determines which contract to offer.   A classroom teacher, superintendent, principal, supervisor, counselor or other full-time professional employee who holds a certification or a nurse may be offered a term contract.  A term contract has a beginning date and an end date and is any probationary Chapter 21 contract for a fixed term that can be as long as 5 school years.  As the end date approaches, some action must be taken.  The resignation date for a term employee is 45 days prior to the first day of instruction which is the same for probationary employees (Walsh, Kemerer & Maniotis, 2005).  A term teacher contract can be renewed by the school, non-renewed or terminated.  Termination refers to the action of the district to end the contract prior to its normal expiration date.  The teacher is deprived of property interest and good cause, thus due process is required. 

A non-renewal of contract refers to the school district letting the contract expire.  The employee is permitted to fulfill the terms of the contract and no new contract is offered.  If there is a multi-year contract, the district extends the contract each year or if the contract is not extended in the 2nd year, it is still valid for that year.  The contract is non-renewed.  A term contract teacher is entitled to a hearing prior to nonrenewal.  Once the teacher receives notice, a hearing can be scheduled within 15 days with the board or an independent hearing system that is closed to the public, unless the teacher requests an open hearing.  A term contract teacher can be suspended, but not beyond the school year, without pay for good cause as determined by the school board.  The teacher is entitled to request an independent hearing or the district can suspend the teacher with pay and non-renew the contract at the end of its term.  The district must give notice of a proposed non-renewal to the teacher 45 calendar days before the last day of instruction.  If the 45 days are not adhered to, the contract is automatically renewed.  Complaints of procedural irregularities in the appraisal process cannot be resurrected at the contract non-renewal process (Walsh, Kemerer & Maniotis, 2005).

When the superintendent contract is up for non-renewal, reasonable notice of the reason for the proposed non-renewal must be given before the 30th day of the last day of the contract term.   In contrast, the teacher term contract does not require reasonable notice of the reason for the proposed non-renewal.

Continuing Contracts

            A continuing contract is issued to a classroom teacher, superintendent, principal, supervisor, counselor or other full-time professional employee who was eligible for a continuing contract.  The contract rolls over form one year to the next year without the necessity of board action.  Non-renewal does not apply to continuing contracts.  A former administrator, who moves into a teaching position and teaches children, can be issued a continuing contract.  There is no specific length of time for continuing contract.  The contract remains in effect until the teacher resigns, retires, is terminated, or is returned to probationary status.   The continuing contract teacher can be terminated according to the independent hearing system, at any time for good cause (failure to meet the standards of conduct for the profession as generally recognized and applied in similarly situated school districts in the state) as determined by the board of trustees (TEC §21.156).   Instead of discharge, a school can suspend a continuing teacher contract with notice, entitlement to an independent hearing, and without pay for a period of time not to exceed the current school year.  The continuing teacher contract can return to a probationary status, provided the teacher consents to the move (Walsh, Kemerer & Maniotis, 2005).

Third-Party Independent Contracts

            Full vested educators in the Texas Teacher Retirement system (TRS) could retire, begin drawing benefits, and them go to work at a salary equivalent to or better than what they had been making.  School Boards could begin hiring teachers and not be burdened with having to treat them as employees.   The teachers would keep their benefits under TRS (Att'y Gen. Op. GA-0018, 2003).  If a school principal was dissatisfied with a teacher, he would call and ask for a different teacher.  The school district did not employ the teacher and there was no contract and no legal requirements to end the relationship.

The Hiring and Firing Process

            In 1992, the legislature created State Board for Educator Certification (SBEC), a 14 member board, as the key entity to oversee and regulate all aspects of the certification, continuing education, and standards of conduct of public school educators.   SBEC has power to adopt rules for out of state educators, certification, requirements for renewal of certificates, and disciplinary procedures for suspension and revoking a certificate as well as approval and continuing accountability of such programs (Walsh, Kemerer & Maniotis, 2005).  The board must annually review the accreditation status of each educator preparation program.  An advisory committee has to be appointed by SBEC for each class of educator certificates.  These rules must be submitted and reviewed by the State Board of Education and can be rejected by SBOE by a 2/3 vote.  A public school district can hire certified and licensed employees.  Certified employees are teachers, teacher interns, teacher trainees, librarians, educational aids, administrators, and counselors.  Licensed employees are audiologists, occupational therapists, physical therapists, physicians, nurses, school psychologists, associate school psychologists, social workers, and speech pathologists (Walsh, Kemerer & Maniotis, 2005).

            Texas public school districts are governed by the same laws that prohibit discrimination laws based on race, sex, religion, age, national origin, sexual harassment, and disabilities.  Nondiscrimination laws apply to all employees regardless of the contract and have implications for the hiring process.  Those involved in the hiring process need specific training (Walsh, Kemerer & Maniotis, 2005). 

            School districts are not required to advertise or post vacancies in their school.  Advertising is a choice the school makes so that they can defend themselves against discrimination.  The school board adopts policies regarding the employment and duties of personnel.  The superintendent has sole authority to make recommendations to the board regarding the selection of all personnel and must be in the loop in hiring people.  The principal does not hire staff, but must approve each teacher, reassignment, or staff appointment to the principal's campus except for necessary teacher transfers due to enrollment shifts (11.202; Att'y Gen. Op. DM-27, 1991).  In this regard, the superintendent has final placement authority for a teacher.   SBEC must obtain criminal history on all certified educators.  Background checks are not required by each school district except on contracted bus drivers of transportation services.  If the bus driver has been convicted of a felony or misdemeanor involving moral turpitude, the bus drive may drive the bus only with the school's permission.  If an applicant lies on an application about the felony or misdemeanor involving moral turpitude, the applicant must be terminated (TEC 22.085).  "Moral turpitude is a legal concept in the United States that refers to "conduct that is considered contrary to community standards of justice, honesty or good morals" (Moral turpitude, 2009).  If an applicant has a clean record when hired, and is convicted of an offense while working for the district, a report must be made within seven calendar days by the superintendent or chief executive (19 TAC 249.14)

Concluding Remarks

In conclusion, school districts employ many people and must comply with many federal and state mandates.  The relationship between employees in the public schools is determined by constitutional restrictions and statutory provisions in the Education Code and other legislation.  Regardless of the type of contract used by a school district, contract with teachers must be in writing.  Verbal commitments from school administrators may not be legally binding.  Terms of the contract must be approved by the school board.  According to Walsh, Kemerer & Maniotis (2008), the knowledge of the basics of the law should move from the central office to each campus.   The director of personnel for the district should be an expert and have full of the United States constitutional requirements of due process applied to the public employment relationship of school personnel in Texas.

 

 

References

Att'y Gen Op DM-27, 1991

Berry v Kemp I.S.D., Dkt. No. 103-R10-600 Comm'r Educ. 2001):  158-159

Burris v Willis I.S.D., 713 F.2d 1087 (5th Cir. 1983):  131, 236

Linder, D. (2009).  Exploring constitutional conflicts.  Retrieved November 1, 2009 from

http://www.law.umkc.edu/faculty/projects/ftrials/conlaw/home.html

19 TAC 249.14

Russell v El Pas I.S.D., 539 F.2d 563 (5th Cir. 1976):  128

Siegert v Gilley, 500 U.S. 226 (1991):  131

TEC 21:201

TEC 7.107

TEC 21.102

TEC 11.202

TEC 22.085

The Letric Law (2009).  Moral turpitude.  Retrieved November 18, 2009 from

http://www.lectlaw.com/def/d080.htm

Walsh, J, Kemerer, F., & Maniotis, L. (2008).  The educator's guide to Texas school law. 

6th ed.  University of Texas Press:  Austin, Texas.

Wisconsin v Constantineau, 400 U.S. 433 (1971):  130, 327

About the Author

Dr. Kritsonis Recognized as Distinguished Alumnus In 2004, Dr. William Allan Kritsonis was recognized as the Central Washington University Alumni Association Distinguished Alumnus for the College of Education and Professional Studies. Dr. Kritsonis was nominated by alumni, former students, friends, faculty, and staff. Final selection was made by the Alumni Association Board of Directors. Recipients are CWU graduates of 20 years or more and are recognized for achievement in their professional field and have made a positive contribution to society. For the second consecutive year, U.S. News and World Report placed Central Washington University among the top elite public institutions in the west. CWU was 12th on the list in the 2006 On-Line Education of "America's Best Colleges."

Can members of either SAG or AFTRA unions be involved in the opposite's contracts?(Film,Episodics,Soaps,Comm)?

I am currently deciding which union would be better for me. I do not want to eliminate myself from productions by chosing the wrong one.

If you plan on being a serious film and tv actor you have to join BOTH SAG and AFTRA!

SAG has jurisdiction over film, a lot of tv shows, and commercials.

AFTRA has jurisdiction over a lot of tv shows (especially sit-coms, soaps), game shows, radio, and other media.

AFTRA is an open union in that you can join just by giving them $1600. However, I do NOT recommend joining AFTRA until you have to. If you book an AFTRA job you will have 30 days to work as many AFTRA jobs as you want without having to pay $1600. After the 30 days, you are a must join the next time you book an AFTRA job. Join then.

You can be SAG eligible by one of these ways:
1. As a non-union actor, you can audition for a SAG project and if you nail the audition, you can be SAG elgiible.

2. If you join a sister union like AFTRA or Equity and get at least one principal speaking role in an AFTRA project or appear on a gameshow, you are now eligible a year after joining AFTRA.

NOTE: Just joining AFTRA and being a member for a year alone does NOT make you SAG eligible! You HAVE to get at least one speaking part on an AFTRA show within the year of joining.

3. You can get lucky and get 3 SAG vouchers from doing Extra Work.

SAG Eligible means that you can now join by giving SAG around $2400.

Embassy Pen By County Comm

Jewelry Shop

Wholesale Jewelry Shopping

Jewelry for everyday wear and as gifts is always timely. Wholesale jewelry may be classified into gold and platinum jewelry which are often considered for special occasions, whereas costume or fashion jewelry is for everyday wear or for a particular event. Jewelry can also be defined in variety of ways such as earrings, necklaces, anklets, bracelets, rings, brooches, and pins.

Wholesale jewelry shopping is like shopping without the high cost of the malls and catalogs. When purchasing wholesale jewelry through a dealer you are purchasing good-quality at a wholesale price. There's no need to purchase in large quantities just to get a wholesale price from any of the wholesale dealers.

If you do have a reason to purchase several pieces of jewelry such as wedding party gifts for the bridesmaids than going to a wholesale dealer makes perfect sense because you will get a discount buying in bulk. Buying any bridesmaid's jewelry like matching necklaces / gold earrings
for the big day and then allowing them to keep them as the gift is a nice gesture.

You can find deep discounts in wholesale jewelry shopping when you look online or go through a catalog of wholesale jewelry. The wholesale dealers buy directly from the jewelry manufacturers so that they are of fine and High Quality, which you would enjoy possessing and gifting to someone.

Wholesale jewelry includes earrings, necklaces, bracelets, charms, brooches and beautiful hair ornaments. Wholesale jewelry also includes sterling silver, turquoise and men's jewelry. Wholesale jewelry can be made of the finest diamonds, rubies, emeralds, sapphires, amethyst, pearls and many other precious and semi precious stones. Also wholesale jewelry can be made from the finest silver and gold at reasonable prices and so you don't have to purchase several items or many different items to get the wholesale price when dealing with the wholesale jeweler.

Wholesale jewelers sell their products to retail shops so that they can make sufficient amount of good money. The whole idea behind wholesale jewelers is that they can resell their jewelry in their retail shop and make profit. That is how most wholesale dealerships work when they are not selling directly to the customer.

Wholesale jewelers also sell diamonds, rubies, emeralds, pearls or any of the stones without them being placed in the setting at a wholesale price and then you can take the stones to your own jeweler and have they placed in any jewelry setting at a reasonable price.

Wholesale jewelers deal in all types of jewelry, jewelry for men, children, teens and women. Depending on what you're looking the internet has it all, wholesale jewelers for every type of jewelry, from bead bracelets and men's watches to diamond rings and cufflinks studded pierced earrings with large loops of gold. No matter what type of jewelry you're looking for, you can find a wholesale jeweler in catalogs and on the internet and you can be assured of reasonable and good quality.

About the Author

jewelzdirect is a leading e-commerce jewelry shopping portal where you can buy Wholesale Jewelry, Online Gemstone pendants and Online Gemstone Necklaces below wholesale prices.

Crucifix Jewelry Shop In Waikiki (Kalakaua Ave) near Quiksilver?

What's that cool little jewelry shop that specializes in cross pendants? I don't think it's Chrome Hearts because the jewelry isn't stupid expensive and it's made in Hawaii. It was there in 2005 when I visited. The jewelry has a gothic feel to it and the store is pretty small. I lost the necklace that I got there and it would mean a lot if I could replace it from that shop as that trip meant a lot to me.

Best regards,

Ry

Probably this place. Call them and ask

http://www.merchantcircle.com/business/Jewelry.Kingdom.Inc..808-947-9733

Jewelry Shop Robbery

Point Sale

MLM Training - Effective Selling Technique Makes Sales Natural, Easy and Enjoyable

The first time you hear or read this mlm training tip it may seem a little odd. But by the end of this article it will make sense to you. The tip is: Never sell what the prospect won't buy.

How can you accomplish this? The quick answer is: Do not mention to the prospect what you're selling until you know they will buy it!

It's as simple as that.

During the qualifying section of the Inviting Formula, you simply ask what your prospect needs/wants or doesn't want. By doing this, you're basically asking them what they WILL buy. Once you find that out, use it as your selling point. This is what they will buy! How do you know for sure they will buy it? They said they would!

As an example, if I'm talking with an MLM business prospect who answered an ad for "working from home," I then ask them why they would want to work from home. If they say, "So I can spend more time with my children" - that is what the prospect will buy!

I don't know if he'll buy, "debt free company with 12 international patents." I don't know if he'll buy -"my upline is making $20,000 per month." But what I know he'll buy is - "spend more time with my children." So that's all I sell!

In another example, let's suppose your MLM business is focused on selling skin care products. You tell that person you have a product that gets rid of pimples and that person replies, "I don't get pimples." Well, you just destroyed your sale. From that point it's very awkward to back up and say, "Well I have a product that reduces wrinkles."

Instead, start by asking something like, "Do you use skin care products?" "What do you use them for?" With the answers you get, you're able to communicate and sell them what they need, not what they don't need.

A sharp salesperson knows exactly what their customer should buy, even more than the customer. If a person walks into a store to buy a drill bit, for example, the smart hardware salesperson will ask enough questions to get all the information before they make a recommendation. Questions like, "How big of a hole do you need?" "How deep do you need the hole?" "What material are you drilling through?" By asking the right questions, that salesperson will sell exactly what that prospect needs. You see, the prospect didn't need a drill bit; they needed a hole.

Another angle on this is to eliminate what your prospect doesn't want and then use that data to figure out the right products for them.

In short the success of your MLM business depends on your ability to sell. A) You must know how to sell your product. B) You have to know how to sell your MLM business opportunity. And, C) you must provide the right MLM training so the people you sponsor know how to do both A and B listed above.

About the Author

Tim Sales helps network marketers gain the confidence and skills to be an MLM success. Learn how to become a true network marketing professional and sign up for his free MLM training newsletter and listen to free training at www.brilliantexchange.com

What programming language would be required to write a point of Sale Software platform for use in bars?

A fellow bartender and I are tired of using all the crappy Touch Screen programs out there in different bars and restaraunts and are looking into writing our own. We both have some computer programming experience but it's been a few years for both of us. Any help on how to get started?

Check out open source solutions first like http://sourceforge.net/projects/mozpos or http://sourceforge.net/projects/freepos

It's probably easier to modify than to start from scratch.

Media & Money - Marins specialise in point of sale marketing