Teacher tenure reform
Encyclopedia
Teacher tenure
is a term used to describe a policy which outlines the reasons why a teacher may be fired. The only reason a teacher may be fired under tenure is for a "just cause
". Without just cause, a teacher who has received tenure may not be fired. The individual states each have established their own tenure systems. Tenure applies only to teachers who are employed by public schools. Teachers in private schools are not granted tenure protections. Because private schools are not funded by the state, they are not subject to state laws and policies. Tenure provides teachers with protections. It is difficult to fire teachers who earn tenure. Elimination of teacher tenure would mean teachers could be fired without just cause. There is an ongoing debate about how the tenure system should work and whether or not there should be a teacher tenure system in effect. Many states are focusing on tenure reform. Reforming tenure would mean there would still be a tenure system in place. However, revisions would be made so that the tenure system no longer functions the same way as the existing tenure system functions.
While each state has its own specifics for how teacher tenure works, most hold a similar form. Each new teacher is given a probation period (probation periods vary among states). During this probation period, teachers must prove they are worthy of receiving tenure. They must prove that they are having a positive effect on their students.
Take a look at New Jersey's tenure system as an example. Currently under New Jersey's tenure system, a teacher is placed on probation for three years. During or after these three years, the principal must decide if the school will grant tenure to this teacher. If so, the teacher will be asked to work there for a fourth year and will be granted tenure. The principal is able to fire a teacher at any time during the probation period. However, once a teacher is tenured, the principal can no longer fire a teacher without just cause. The teacher is then protected by tenure. There are four reasons a teacher may be fired in New Jersey once they are tenured. There reasons include: incapacity, inefficiency, unbecoming conduct and just cause. A teacher being fired for any of these reasons is given a chance to defend their case.
was created to provide teachers with protections. The exact beginning point of tenure is debatable. Many do not fully agree why or when tenure was created. From the very beginning, tenure was controversial. Some say the fight for these protections started around the 1920s. This was also when woman started fighting for their rights. Woman dominated the teaching profession at this time. In 1921, California is the first state to establish teacher tenure.
A long time ago, teachers were subject to rules which impeded on basic rights. For example, teachers were told what time they should be home, which activities they should engage in, who they could associate with, etc. Teachers were often fired for breaking these ridiculous rules. Teachers came together to gain protections against such rules. They wanted their own rules which ensured they wouldn't be fired for no reason. Teacher unions were not yet formed. They were in the process of being formed. Others argue that tenure was started to protect professors from losing academic freedom. Wealthy industrialists started writing and undermining professors. Tenure was created to ensure professors would be able to write freely. It angers many people that the reason why tenure was developed is not clear. There is no one event or exact time when tenure was created. Many argue there is no reason to keep a tenure system that had no real foundation for being started.
, New Jersey
, Idaho
, Illinois
, Indiana
, Ohio
, New York
and Pennsylvania
. Many argue that by granting teachers tenure, the education system is flooded with teachers who are no longer effective teachers. Some argue that tenure grants teachers permanent positions regardless of whether or not they deserve a job. Many say because our education system is flooded with these ineffective teachers, students are suffering. Those who are pro reforming/eliminating tenure say having bad teachers in the education system is shortchanging too many children in American schools. Supporters of reforming/eliminating tenure feel that tenure does nothing but protect "bad" teachers and hurt students. They believe that tenure is given out too readily in America. Teachers should receive tenure based on their effectiveness rather than how long they have been teaching. Many feel that the process of fire a teacher takes to much time and money. This side of the debate feels it should be easier to fire tenured teachers. Many would also like to see teachers being evaluated based on their performance and their students' academic achievement. In eight states in America, tenure is given to teachers after just two years of teaching during the probation period. In two states, tenure is awarded after only one year of teaching during the probation period. Washington DC, our nations capital, requires no set time for awarding tenure. Supporters of this motion feel that one or two years is to short a time to tell if a teacher is having a positive effect on their students. Before these teachers are granted life time job protection, they would like to see them perform on probation for a longer period of time. Reforms have been created in all forms. Some reforms call for longer probation periods while others call for stricter teacher evaluations. Other reforms wish to rid the tenure. system completely and replace this system with renewable contracts. Some go as far to say that tenure just makes firing teachers take longer and makes it a more costly process. Many Americans believe tenure is unnecessary. Overall, the side pro reforming/eliminating teacher tenure seems to have gained more supporters. This side of the debate seems to be growing more popular.
Chancellor of DC public schools, Michelle Rhee
, has made plans to eliminate teacher tenure altogether. Rhee designed a pay plan which would compensate teachers by giving them big pay raises in exchange for their tenure protection rights. She gave existing tenured teachers the choice to accept this proposal. New hires would be forced to accept this new pay plan. New hires would be paid on the basis of their students' achievement. While teachers would prospectively be able to make more money under this pay plan, they would not be granted any tenure protections. Rhee's plan was unsuccessful. Teachers did not want to give up their tenure protections for a higher salary. After this plan failed she continued to devise plans. She offered a buyout plan for existing teachers with tenure. In 2009, she created a plan called IMPACT. This plan tied students performance on state tests to teachers evaluation. While this plan gained the support of many, there were still many others who opposed it.
. Freedom of speech is especially important when teachers write articles on issues which their administrators may not be in favor of informing the public. Those in favor of keeping tenure argue that teachers are fired easily when they commit child abuse, crimes, theft, and when they become ineffective. Supporters of the tenure system say tenure is not keeping teachers who would commit such crimes in the system. They feel tenure is only giving protection to good teachers. They also believe that tenure is the same as seniority in other jobs. Teachers are often forced into uncomfortable situations (such as failing students, choosing certain students). An employee who must make so many important and confrontational decisions needs job protection. Many who are against the motion of reforming/eliminating tenure argue that tenure allows teaching to become a profession. Without it, teaching is just a job. Teachers never feel comfortable and would be forced to move around from school to school. Teachers need to be permanent to form bonds and relationships with students, parents, and other faculty.
Tenure
Tenure commonly refers to life tenure in a job and specifically to a senior academic's contractual right not to have his or her position terminated without just cause.-19th century:...
is a term used to describe a policy which outlines the reasons why a teacher may be fired. The only reason a teacher may be fired under tenure is for a "just cause
Just cause
Just cause or Bare sagen is a common standard in labor arbitration that is used in labor union contracts in the United States as a form of job security.-Use in Labor Union Contracts:...
". Without just cause, a teacher who has received tenure may not be fired. The individual states each have established their own tenure systems. Tenure applies only to teachers who are employed by public schools. Teachers in private schools are not granted tenure protections. Because private schools are not funded by the state, they are not subject to state laws and policies. Tenure provides teachers with protections. It is difficult to fire teachers who earn tenure. Elimination of teacher tenure would mean teachers could be fired without just cause. There is an ongoing debate about how the tenure system should work and whether or not there should be a teacher tenure system in effect. Many states are focusing on tenure reform. Reforming tenure would mean there would still be a tenure system in place. However, revisions would be made so that the tenure system no longer functions the same way as the existing tenure system functions.
Overview
Tenure has been a controversial issue for some time. However, lately reforming or eliminating teacher tenure has become a pressing issue covered vastly by the media. Many politicians are actively voicing their opinions on tenure. Many states have new plans for their tenure system. There are many different reforms which are trying to be passed by legislation. It is hard to get reforms passed because one side of the debate must give up something every time a proposal is made. Some argue tenure is no longer necessary and that it is hurting America's education system. Others argue tenure provides vital protections for teachers. It seems this debate has gotten more and more hype since the economy has declined.While each state has its own specifics for how teacher tenure works, most hold a similar form. Each new teacher is given a probation period (probation periods vary among states). During this probation period, teachers must prove they are worthy of receiving tenure. They must prove that they are having a positive effect on their students.
Take a look at New Jersey's tenure system as an example. Currently under New Jersey's tenure system, a teacher is placed on probation for three years. During or after these three years, the principal must decide if the school will grant tenure to this teacher. If so, the teacher will be asked to work there for a fourth year and will be granted tenure. The principal is able to fire a teacher at any time during the probation period. However, once a teacher is tenured, the principal can no longer fire a teacher without just cause. The teacher is then protected by tenure. There are four reasons a teacher may be fired in New Jersey once they are tenured. There reasons include: incapacity, inefficiency, unbecoming conduct and just cause. A teacher being fired for any of these reasons is given a chance to defend their case.
History
TenureTenure
Tenure commonly refers to life tenure in a job and specifically to a senior academic's contractual right not to have his or her position terminated without just cause.-19th century:...
was created to provide teachers with protections. The exact beginning point of tenure is debatable. Many do not fully agree why or when tenure was created. From the very beginning, tenure was controversial. Some say the fight for these protections started around the 1920s. This was also when woman started fighting for their rights. Woman dominated the teaching profession at this time. In 1921, California is the first state to establish teacher tenure.
A long time ago, teachers were subject to rules which impeded on basic rights. For example, teachers were told what time they should be home, which activities they should engage in, who they could associate with, etc. Teachers were often fired for breaking these ridiculous rules. Teachers came together to gain protections against such rules. They wanted their own rules which ensured they wouldn't be fired for no reason. Teacher unions were not yet formed. They were in the process of being formed. Others argue that tenure was started to protect professors from losing academic freedom. Wealthy industrialists started writing and undermining professors. Tenure was created to ensure professors would be able to write freely. It angers many people that the reason why tenure was developed is not clear. There is no one event or exact time when tenure was created. Many argue there is no reason to keep a tenure system that had no real foundation for being started.
Pro tenure reform
Many states are looking into reforming and even eliminating their teacher tenure system. Some of the states leading the movement include FloridaFlorida
Florida is a state in the southeastern United States, located on the nation's Atlantic and Gulf coasts. It is bordered to the west by the Gulf of Mexico, to the north by Alabama and Georgia and to the east by the Atlantic Ocean. With a population of 18,801,310 as measured by the 2010 census, it...
, New Jersey
New Jersey
New Jersey is a state in the Northeastern and Middle Atlantic regions of the United States. , its population was 8,791,894. It is bordered on the north and east by the state of New York, on the southeast and south by the Atlantic Ocean, on the west by Pennsylvania and on the southwest by Delaware...
, Idaho
Idaho
Idaho is a state in the Rocky Mountain area of the United States. The state's largest city and capital is Boise. Residents are called "Idahoans". Idaho was admitted to the Union on July 3, 1890, as the 43rd state....
, Illinois
Illinois
Illinois is the fifth-most populous state of the United States of America, and is often noted for being a microcosm of the entire country. With Chicago in the northeast, small industrial cities and great agricultural productivity in central and northern Illinois, and natural resources like coal,...
, Indiana
Indiana
Indiana is a US state, admitted to the United States as the 19th on December 11, 1816. It is located in the Midwestern United States and Great Lakes Region. With 6,483,802 residents, the state is ranked 15th in population and 16th in population density. Indiana is ranked 38th in land area and is...
, Ohio
Ohio
Ohio is a Midwestern state in the United States. The 34th largest state by area in the U.S.,it is the 7th‑most populous with over 11.5 million residents, containing several major American cities and seven metropolitan areas with populations of 500,000 or more.The state's capital is Columbus...
, New York
New York
New York is a state in the Northeastern region of the United States. It is the nation's third most populous state. New York is bordered by New Jersey and Pennsylvania to the south, and by Connecticut, Massachusetts and Vermont to the east...
and Pennsylvania
Pennsylvania
The Commonwealth of Pennsylvania is a U.S. state that is located in the Northeastern and Mid-Atlantic regions of the United States. The state borders Delaware and Maryland to the south, West Virginia to the southwest, Ohio to the west, New York and Ontario, Canada, to the north, and New Jersey to...
. Many argue that by granting teachers tenure, the education system is flooded with teachers who are no longer effective teachers. Some argue that tenure grants teachers permanent positions regardless of whether or not they deserve a job. Many say because our education system is flooded with these ineffective teachers, students are suffering. Those who are pro reforming/eliminating tenure say having bad teachers in the education system is shortchanging too many children in American schools. Supporters of reforming/eliminating tenure feel that tenure does nothing but protect "bad" teachers and hurt students. They believe that tenure is given out too readily in America. Teachers should receive tenure based on their effectiveness rather than how long they have been teaching. Many feel that the process of fire a teacher takes to much time and money. This side of the debate feels it should be easier to fire tenured teachers. Many would also like to see teachers being evaluated based on their performance and their students' academic achievement. In eight states in America, tenure is given to teachers after just two years of teaching during the probation period. In two states, tenure is awarded after only one year of teaching during the probation period. Washington DC, our nations capital, requires no set time for awarding tenure. Supporters of this motion feel that one or two years is to short a time to tell if a teacher is having a positive effect on their students. Before these teachers are granted life time job protection, they would like to see them perform on probation for a longer period of time. Reforms have been created in all forms. Some reforms call for longer probation periods while others call for stricter teacher evaluations. Other reforms wish to rid the tenure. system completely and replace this system with renewable contracts. Some go as far to say that tenure just makes firing teachers take longer and makes it a more costly process. Many Americans believe tenure is unnecessary. Overall, the side pro reforming/eliminating teacher tenure seems to have gained more supporters. This side of the debate seems to be growing more popular.
Example
- Christina Hamiliton is an eighth grade teacher in New Hampshire. She was nominated for Teacher of the Year in 2009. Despite her nomination, she was laid off and left with no job. She was told her job was given to a teacher with more seniority (a tenured teacher). Parents and students were furious to hear the news. They couldn't understand how such a good and effective teacher could be fired.
Key actors
New Jersey Governor Chris Christie is working hard to reform the tenure system in New Jersey. He does not want to eliminate the tenure system completely. He wants to eliminate the current tenure system and replace it with a new one. Currently in New Jersey, after a teacher proves themselves efficient for 3 years, they gain lifetime protection under tenure. Christie wants to change the tenure system. He wants teachers to prove themselves for three years to gain tenure. However, after one year of being deemed "ineffective", teachers will easily be fired. Christie wants to judge whether a teacher is ineffective or not on a two part assessment. One part of the score will be based on student achievement. The second part of the score will be based on teacher performance. Christie believes the answer to making schools more effective is to place more accountability on teachers. Christie stated, "Let New Jersey lead the way again,", "The time to eliminate teacher tenure is now."Chancellor of DC public schools, Michelle Rhee
Michelle Rhee
Michelle A. Rhee is a public figure involved in the American education system. She was chancellor of the Washington, D.C. public schools from 2007 to 2010...
, has made plans to eliminate teacher tenure altogether. Rhee designed a pay plan which would compensate teachers by giving them big pay raises in exchange for their tenure protection rights. She gave existing tenured teachers the choice to accept this proposal. New hires would be forced to accept this new pay plan. New hires would be paid on the basis of their students' achievement. While teachers would prospectively be able to make more money under this pay plan, they would not be granted any tenure protections. Rhee's plan was unsuccessful. Teachers did not want to give up their tenure protections for a higher salary. After this plan failed she continued to devise plans. She offered a buyout plan for existing teachers with tenure. In 2009, she created a plan called IMPACT. This plan tied students performance on state tests to teachers evaluation. While this plan gained the support of many, there were still many others who opposed it.
Against tenure reform
Supporters of tenure argue that tenure is necessary in making our education system successful. Tenure protects teachers and allows them to participate in unfavorable activities. For example, teachers are able to fail students who deserve to fail regardless of how influential they are to the school. It allows teachers to become whistleblowers. It protects teachers' freedom of speechFreedom of speech
Freedom of speech is the freedom to speak freely without censorship. The term freedom of expression is sometimes used synonymously, but includes any act of seeking, receiving and imparting information or ideas, regardless of the medium used...
. Freedom of speech is especially important when teachers write articles on issues which their administrators may not be in favor of informing the public. Those in favor of keeping tenure argue that teachers are fired easily when they commit child abuse, crimes, theft, and when they become ineffective. Supporters of the tenure system say tenure is not keeping teachers who would commit such crimes in the system. They feel tenure is only giving protection to good teachers. They also believe that tenure is the same as seniority in other jobs. Teachers are often forced into uncomfortable situations (such as failing students, choosing certain students). An employee who must make so many important and confrontational decisions needs job protection. Many who are against the motion of reforming/eliminating tenure argue that tenure allows teaching to become a profession. Without it, teaching is just a job. Teachers never feel comfortable and would be forced to move around from school to school. Teachers need to be permanent to form bonds and relationships with students, parents, and other faculty.
Example
- Principal Iris Blige, of Fordham High School for the ArtsFordham High School for the ArtsFordham High School for the Arts, often called simply Fordham Arts, is a small school located within Roosevelt Educational Campus, the site of the former Theodore Roosevelt High School, across the street from Fordham University....
, created a so called "hit list" of teachers she wanted out of the school. She had no good reason to get rid of these teachers. When it was time for her to rate these teachers, she gave them a "U" (unsatisfactory). She even went as far as to tell the assistant principal to write up bad reports about two of the teachers that she wanted out. She told the assistant principal she wanted two teachers out by the 2008-2009 school years. Tenure would ensure that a principal couldn't get rid of teachers for no reason or for personal reasons. Teachers would be able to speak out and say what is going on if they were tenured and did not have to worry about losing their jobs. They would feel protected enough to speak out against their principal.
Recent reform actions taken
Many states have recently made reforms to their tenure system. Some of these states include:- CaliforniaCaliforniaCalifornia is a state located on the West Coast of the United States. It is by far the most populous U.S. state, and the third-largest by land area...
was the first state to adopt a tenure system. They have made many attempts to reform their system. One of the more recent attempts was made by Governor Arnold Schwarzenegger in January 2005. He tried to pass an act (Excellence in Teaching Act) which would pay teachers on the basis of their performance. He also wanted to enact the "Put the Kids First Act" which would extend the probation period of teachers to five years (it is currently two years). This act would also allow a school to fire teachers after two unsatisfactory ratings. The school would no longer have to give the teacher 90 days to improve their performance before being fired. This stirred up much controversy among the teachers in California. The act was voted on and was never passed. - FloridaFloridaFlorida is a state in the southeastern United States, located on the nation's Atlantic and Gulf coasts. It is bordered to the west by the Gulf of Mexico, to the north by Alabama and Georgia and to the east by the Atlantic Ocean. With a population of 18,801,310 as measured by the 2010 census, it...
- In 1997 a major movement toward reforming tenure took place. This reform is considered a success. This tenure reform reduced the probationary period a teacher worked to achieve tenure to 97 days instead of a year. During those 97 days, a teacher could be fired without just cause. The results of this tenure reform do not seem to be making any major improvements in Florida's tenure system. Only 101 of Florida's 10,689 new teachers were dismissed by the school in 1998. While this reform is considered a success, teacher unions stepped in and won back many protections. In 2009, a new plan was proposed. Legislators wished to get rid of tenure for all new teachers. Tenure would be replaced with yearly renewable contracts. After ten years, a teacher would be eligible for renewable contracts which would last up to five years. This plan was never passed by the Senate. - New YorkNew YorkNew York is a state in the Northeastern region of the United States. It is the nation's third most populous state. New York is bordered by New Jersey and Pennsylvania to the south, and by Connecticut, Massachusetts and Vermont to the east...
- In 2007, Mayor Michael BloombergMichael BloombergMichael Rubens Bloomberg is the current Mayor of New York City. With a net worth of $19.5 billion in 2011, he is also the 12th-richest person in the United States...
voiced his concern that although teachers could be let go easily during the three year probation period, they hardly were. In 2008, Bloomberg introduced the Principal Portal. This was a tool that principals would use to help evaluate their teachers. It gave them guidelines to follow and base their decisions on. The Principal Portal was successful. The amount of teachers let go during their probation period doubled in the first year. Bloomerberg also wished to have students test scores incorporated in the tenure process. The United Federation of TeachersUnited Federation of TeachersThe United Federation of Teachers is the labor union that represents most educators in New York City public schools. , there were about 118,000 in-service educators and 17,000 paraprofessionals in the union, as well as about 54,000 retired members...
passed a legislation that would not allow the city to do so.