Tenure Of The K 12 School Systems

Tenure in school systems has been a highly controversial topic lately. Tenure refers to the job security of teachers after they have worked at a certain school for three years. When teachers earn tenure, it is very difficult to take away their jobs. This is especially true in higher education. According to the Washington Post, 32 states grant tenure after three years, nine states grant tenure after four or five years and four states never grant tenure at all. Granting tenure to all teachers gives everybody a job for life which should not be the case. Under-performing teachers should not have definite job security. America should remove academic tenure, replace it with a different system, and re-evaluate school teachers and professors.

Today, there seems to be a push to change the policy of teacher tenure. “Roughly 2.3 million public school teachers in the United States have tenure—a perk reserved for the noblest of professions (professors and judges also enjoy such rights).” (Stephey) Tenure refers to a policy which gives teachers a permanent contract that effectively ensuring them a guarantee of employment for life. Stephey continues to state, “Though tenure doesn’t guarantee lifetime employment, it does make firing teachers a difficult and costly process, one that involves the union, the school board, the principal, the judicial system and thousands of dollars in legal fees.”

It can be concluded Teachers are held to a higher standard then non-educational occupations, as “The Supreme Court has acknowledged that a “teacher serves as a role model for…students exerting a subtle but important influence over their perceptions and values” (Cambron-McCabe, McCathy & Eckes, 2014, p. 251). Teachers must be conscious to the ideology their actions, words, and mannerism can directly influence their student audience. The 1st amendment freedom of expression offers protection to teachers as it applies to the following clause, “Public employees’ comments on matters of public concern are protected expression if they are made as a citizen and not pursuant to official job duties” (Cambron-McCabe, McCathy & Eckes, 2014, p. 233).

Removing a teacher from his or her position is very difficult to do. “Tenure benefits the state by helping to create a permanent and qualified teaching force” (Underwood, Webb 36). This makes it difficult to let a teacher go even when it is to make the school a better environment for the students. Although teachers do have the right to freedom of speech and are able to exercise their First Amendment right, that freedom is in a way limited by the school board. Pickering v. Board of Education (1968) is a great example of this. A high school science teacher was terminated by the board of education because a letter he wrote was published in one of the community’s newspapers. The letter discussed the unequal funding between academics and athletics. After

The purpose of this Literature Review is to examine the literature related to the question: Does a relationship exist between school superintendent tenure and student academic success? Through this research, the researcher discovered that there is very little research on the topic. Moreover, the research that does exist is focused on large, urban districts. Thus, there is a gap in the literature as it relates to rural schools, such as many of those found in the state of Kentucky.

A public school teacher was terminated for writing and publishing newspaper a letter criticizing the board’s and superintendent's methods of informing on funds allocation between academics and athletics program (Pickering v. Board of Education, 391 U.S. 563, 1968). The school board stated the letter contained false statements detrimental to the administration and the integrity of the school system. The teacher filed charges against the school board claiming that the letter was protected by the First and Fourteenths Amendment (Pickering v. Board of Education, 391 U.S. 563, 1968).

Webster's dictionary defines tenure as, “the act, right, manner, or term, of holding something (such as a landed property, a position, or an office); especially :a status granted after a trial period to a teacher that gives protection from summary dismissal. In other words, educators receive due process protection from accusations or charges against them.Years ago, educators who acted in destructive and abusive demeanor sidestep meaningful ramifications due to tenure safeguards .However, the supreme protection granted to tenured teachers diminished greatly as of July 2011. Michigan stripped the unassailable security of tenure and the world of education in Michigan altered permanently.Forlornly, educator Kathleen Goulouze failed to adhere to modifications of the updated teacher tenure decree.

This paper will effectively detail the issues surrounding policy as it pertains to teacher reform for New Jersey Tenure Laws. I will discuss why this new reform has made it impossible to terminate non-effective teachers because of the protection that TEACHNJ provides. I will also discuss inaccuracies as it pertains to accountability and transparency under the new tenure laws. Lastly, I will discuss the teacher rating system and evaluation system that rates teachers in four categories, from highly effective to ineffective. Teacher evaluations would be based on measures of student learning, such as improvement of state test scores, student work, and other practices linked to student achievement. The New Jersey Education Association has proposed streamlining the legal process for removing teachers, but has adamantly defended the basic job protection of tenure, saying it prevents unfair dismissal, favoritism and attempts to save money by firing expensive veterans. The state’s largest teacher’s union also vehemently opposes judging teachers largely on test scores, saying that doing so penalizes teachers with the most difficult students, and that the data is unreliable. Teachers are fearful of losing their jobs if they don’t raise test scores, teachers will redouble their test-preparation efforts, and quality instruction will be sacrificed,” NJEA President Barbara Keshishian said in a statement. “Parents should be alarmed and dismayed at this proposal.” (Brody)

Moreover, teacher tenure will be "reformed" so that principals and superintendents will have additional decision-making "discretion"; in other words, power will be taken from unions and given to bureaucrats within the state educational system, and tenure for teachers will be based on a new strategy that is, teachers will have earn "highly effective ratings" five out of six years to achieve tenure (Brennan, p. 2).

In the well-known case of of Tinker Verses Des Moines Independent Community School District, the Supreme Court remarked, “it can hardly be argued that either students or teachers shed their constitutional rights to freedom of speech or expression at the schoolhouse gate.” While shedding your thoughts and freedom of speech or expression at “the schoolhouse gate” can be difficult, the district did have the right to not renew the teacher’s contract. I think that it is important to keep my mind what the judge stated in the facts above, “teachers … do not have a right under the First Amendment to express their opinions with their students during the instructional period.” The teacher gave her opinion and an idea of her political view by stating

Finally and foremost, school districts need to get rid of tenure. It is absolutely insane to allow a teacher to have absolute job security no matter how badly they perform. If a teacher can teach they will always have a job. Tenure does not protect high performing teachers as it was intended to do instead it protects low performing teachers. This is vital in getting rid of horrible teachers like Mrs. Eicher who is immune to job loss as a result of how long they have worked at the school.

The ability of teachers to earn tenure has sparked debate for many years. Whether it is an individual who is for or against teacher tenure, both sides present valid points. First, teacher tenure was established to provide security for teachers and prevent them from being fired for political reasons, personal reasons, non-work related reasons, or to hire new teachers at a lower salary to replace veteran teachers. Challengers to the teacher tenure law argue that it makes teachers complacent, and inhibits schools abilities to get rid of bad teachers. Tenure does not actually make it impossible to fire a teacher who has earned tenure or what is called a non-probationary status. It does however create a costly and lengthy process for dismissing a tenured teacher if the school system cannot prove that the individual has engaged in certain acts.

First of all most should know that teacher tenure has a system of due process, checks, and balances so that teachers can be fired--just not to easily. Before argueing that teacher tenure should be abolished, one should listen to a few points.

Even if they wanted to take action, there is nothing the Skyline School District Board of Education can do about the teachers’ exercising their First Amendment’s rights. Public school teachers, as public employees, are entitled to some First Amendment protections. "The problem in any case is to arrive at a balance between the interests of the teacher, as a citizen, in commenting upon matters of public concern and the interests of the State, as an employer, in promoting the efficiency of the public services it performs through its employees" (Pickering v. Board of Education 1968, in Secunda, 2010). In this case, the teachers were expressing their views and feelings more as citizens than as an employee when they published the open letter in the newspaper. The statements in the letter did not target any school official that the teacher dealt with on a daily basis, and therefore left no reason for the board of education to take any course of action.

Going back to the tenure and teacher union issues, I agree that everyone has the right to unionize in order to protect their self-interests, but the idea surrounding tenure is something that needs to be re-evaluated, and the teacher’s union needs to jump on board in order to get the education system moving in the right direction. The writers hint at a way in which tenure can be changed, and that is by offering rewards for high student grades instead of the current rule of once tenure is reached, a teacher can keep their position regardless of their efforts in the classroom. The way the movie presents this alternative method is by showing a challenge between the teachers of the school to earn the highest student grades on the state test; winner earning a bonus of $5,700. This type of evaluation based on student grades can also be taken to the opposite end of the spectrum, and teachers who have unacceptable student scores should be evaluated on their teaching methods, and if seen