Credit: Opportunity Culture |
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When it comes to public school education, the most important person in the equation is the classroom teacher. Research shows the classroom teacher can either inspire a student to great achievement or set that student back, especially if it is during the formative elementary years.
Most teachers enter the profession out of a true calling. They want to do their best to teacher children the skills they need to be successful adults. Of course, they want to make a living at their profession and holidays and summers off don't hurt.
While parents know all that, what many don't know is that there is a concept called "tenure" which can make the altruistic values of teachers moot. Members of the public also don't know what teacher tenure costs public school systems in actual dollars, proficiency and student learning. They certainly don't what tenure means to the bottom line when a teacher who has tenure must be fired.
Tenure was designed in the early 1900's to attract people to teaching since the pay was low and there was a weak to non-existent retirement system. It was seen as a perk during a time when job security was at its lowest. Some say it was also started to protect female teachers. Tenure was also created in college and civil service occupations. In colleges, tenure was extremely selective, often taking seven or more years to attain, approval by administration and colleagues, and being published. Civil service tenure was designed to assure that employees would not be replaced in important government positions by the friends and family of politicians. It was thought this continuity would make for better job performance. Of course, in reality, we see it can cause complacency and poor performance. Notice the different standards for tenure in Higher Education, Civil Service, and K-12 teaching.
Credit: Opportunity Culture
Currently, each state has a different definition of K-12 teacher tenure, different rules for how it can be achieved, and how they handle firing teachers.
In the State of Maryland, a teacher is granted tenure when they complete three years of a probationary period. There are no set standard academic or performance standards involved in the decision statewide, but systems are encouraged to set standards for teachers and give teachers the assistance of a mentor if they are not performing well. If a teacher is hired for three years, they get tenure on the first day of the fourth year.
Tenure doesn't mean that a teacher cannot be fired, but it is much harder for school systems to accomplish. Teachers who do not have tenure can be fired for any reason or no reason. Once a teacher gets tenure, they have tenure in any school system in Maryland after they have taught in that system for one year.
So, what's the big deal about tenure?
Imagine this. You are working in the private sector for a company that has a lot of employees, all of whom do important jobs. Now let's imagine that certain employees who don't do their jobs at even a minimal level, can't be fired from that company without a prolonged, expensive legal fight. In fact, they are virtually guaranteed to keep their jobs even if they do them poorly. Management doesn't want to spend the time and money for a prolonged court fight. Their poor job performance affects the company's results and bottom line. How would any other employee feel compelled to work hard when the person next to them isn't? Or when the person next to them is incompetent? That company may not last long. With a private corporation, customers can go elsewhere to get services, so the company only hurts itself.
Public school parents and students often have no choice but to stick it out with a bad teacher or school.
The discussion of tenure has to include the topic of the teachers' unions and their role in tenure. Teachers in most states are guaranteed legal representation by the union if they feel they have been unjustly fired at any point in their career but particularly when they have tenure. The unions "sell" membership to new teachers on this basis even though most new teachers have no legal recourse if they are fired. In fact, they make a point of telling new teachers that if they don't join the union their job will be in jeopardy. It's all about membership fees to pay the union officers their six figure salaries.
There are certain infractions that can get a tenured teacher fired: immorality, failure to report child abuse, etc. But, for the most part incompetence and failure to complete the requirements of the job will not result in a tenured teacher being fired.
So, what does it take to remove a tenured teacher?
The American Federation of Teachers notes that there are wide disparities in due process in regard to firing or disciplining tenured teachers. Citing a New York court case, Wright v. New York, the organization said that due process for firing a tenured teacher—which the plaintiff's attorney in the case called "uber due process"—lasted an average of 830 days and cost more than $300,000, meaning that very few administrators would pursue a case of terminating a tenured teacher.
The federation adds that an analysis using the New York State Education Department data found that in 2013, disciplinary cases took only about 177 days statewide. And in New York City, data show that the median length of proceedings is just 105 days. Indeed, Connecticut has adopted an 85-day policy for terminating tenured teachers, unless there is agreement from both sides to extend the process, the AFT says. Meador, Derrick. "Pros and Cons of Teacher Tenure." ThoughtCo, Jun. 25, 2024, thoughtco.com/what-is-teacher-tenure-3194690 1
Many school districts, such as the one in New York City, won't attempt to fire these tenured teachers, but will place them in what they call "rubber rooms" where the teachers are paid to do menial computer tasks instead of teaching This keeps them out of the classroom until their due process is delivered. Or, systems will move them from school to school until parents complain. It's called "passing the trash." Unkind, but true.
This video is from Florida in 2011, and it shows how teacher tenure can become a huge problem:
Teacher fired after 31 years of problems
Since then, Florida voted to get rid of the teacher tenure system.
Again, from Thought Co:
Florida, North Carolina, Kansas, and Idaho have chosen to repeal tenure outright, phase out tenure, or remove due process provisions, though Idaho’s effort to abolish tenure was reversed by its voters.
Seven states require districts to return teachers to probationary status if their performance is rated unsatisfactory.
Instead of making layoff decisions on the basis of tenure status or seniority, 12 states require that teacher performance be the primary consideration. Ten states explicitly prohibit the use of tenure status or seniority.
The rules for Maryland are here:
There are teachers who manipulate the tenure system, knowing they cannot be fired. Recently, one of these teachers could be found on social media taunting parents and taxpayers that despite the teacher's inappropriate actions, she would not be fired. This caused quite a bit of controversy, and we were told that the teacher eventually resigned. Sadly, she will probably end up in another school system continuing her toxic actions and comments with impunity.
Those who support tenure state that it prevents a teacher from being fired for teaching controversial content, for having a conflict with a principal/administrator or an irate parent, etc. While tenure may work in those rare occasions, many point out that in any other job, people have to deal with those situations so why should teachers be any different?
There are many teachers, the good, inspired, excellent ones, who don't like tenure either. While they will be empathetic to the teacher who is on the verge of being dismissed, they will tell others privately that they thought the teacher in question "should have been let go years ago."
There have been attempts to change the tenure system so that it promotes excellent teacher performance.
One idea is to change the time required for tenure from three years to possibly 5 or 6 years with the idea that the learning curve for teachers is fairly steep during the first five years. A longer time to earn tenure may provide a more accurate reflection of a teacher's performance and consistency.
Another idea is to increase the criteria for tenure so that it is no longer given just because a person has been in the teaching position for a certain amount of time. A more stringent criteria would make tenure more a reward for excellent teachers. This might mean that some teachers don't get tenure or don't get it as soon as their colleagues. For evaluation, districts could use multiple measures including student learning in a teacher's class. Teachers who achieve tenure could also receive other rewards such as:
Opportunities to teach more students in exchange
for additional pay
Reduction of noninstructional duties to enable
reaching more students
Decision-making power over hiring, promotion,
and tenure of others
Opportunities to supervise or manage other
teachers to improve their effectiveness
Professional development/coaching /mentoring
responsibility for other teachers
Title enhancement (advanced, master, lead, etc.)
Opportunities to participate in or lead policy and
instructional practice reforms
Other recognition and rewards for sustained excellence in performance
Higher pay to reflect higher contributions to student outcomes, including most of the items above
Credit to: Teacher Tenure Reform, Opportunity Culture
Of course, another option is to get rid of teacher tenure completely. Undoubtedly, the teachers' unions would pitch a huge fight over this. However, the original reasons for tenure no longer exist. Public transparency keeps most political figures from hiring friends and family and replacing long term employees. The need for civil rights and other legal protections are built into the judicial system. Tenure has not been an effective tool for women's rights. The economic rationale is gone as teachers have generous health and retirement options. Finally, school systems are offering more attractive incentives other than tenure to teachers.
The big question is who is hurt when incompetent or inappropriate teachers are allowed to keep their jobs? The quote at the beginning of the article spells it out; it's the students. With the tenure system in place, student achievement in the public schools has remained statically mediocre and will continue to do so as educational innovation and excellence are be stifled by staff more interested in putting in their time rather than doing a good job.
It will take brave, visionary leadership to tackle this issue and take on the Teachers' Union mentality. It's a challenge that needs courageous educational leadership in our systems, states and country.
Additional Info:
Pros and Cons of Teacher Tenure
How to Fire an Incompetent Teacher
Why It Can Take Six Years to Fire an Inappropriate or Ineffective Teacher
More on Vergara: What Does it Actually Cost to Terminate a Teacher? | ACADEME BLOG
