Tenure

Tenure laws, sometimes referred to as continuing service, are designed to protect teachers.

Provided a measure of security for teachers by protecting them from arbitrary and capricious treatment

Provided a degree of permanency in the teaching force-consistency in the classroom that ultimately benefits the students

Tenure

Once established, the teacher could only be dismissed for cause

Right to due process

Protection from special interest groups and political factions –allowed teachers to perform their duties without undue interference

Acquisition of Tenure

Tenure not offered in all states

Probationary period varies

Attainment usually after several years (typically 3 to 7 years)

Sometimes connected to student achievement

Probationary Period

Length of probationary period determined by individual districts

Can be non-renewed without cause Due process not required unless the

teacher can prove the non-renewal was purely personal, political, or motivated by arbitrary or capricious acts

Burden of proof falls on the teacher

Non-Tenured StatusIf a teacher is non-renewed…

S/he should not expect employment beyond that year

S/he does not have a right to reason for non-renewal

S/he does not have the right to due process

S/he does not have the right to a hearing

Tenure for Principals

Rare…currently only 11 states offer tenure

On one hand it offers protection to principals…on other hand, if principals are doing their job they shouldn’t need protection

Tenure for Principals cont.

Districts offering fixed term contracts for principals in place of tenure

Offers some protection Vary in length from 1-5 years,

usually 3 Trending – base on performance to

increase accountability based on quality and effectiveness

Non-Renewal of Principals

With timely notice – School boards do not need to give reasons

Principal may challenge the non-renewal if it believed to be for arbitrary or capricious reasons

Burden of proof lies with the principal

Frequently Asked Questions

Tenure for Teachers Teachers are entitled to fundamental fairness, irrespective of tenure status.Tenure is not designed to protect teachers who are inept or ineffective.Tenure should protect competent and effective teachers.Teachers may be dismissed only for specified reasons that are based on objective and documentable evidence.Due process procedural safeguards, as established by state statutes, should be followed to ensure that dismissal decisions are legally defensible.Non-renewal of a non-tenured teacher’s contract does not generally require due process of reasons, unless an alleged constitutional violation is involved.

Frequently Asked Questions

Tenure for Principals Principals on fixed term contracts are entitled to due process hearings if their contract is cancelled prior to the contract expiration date.If a principal is non-renewed with timely notice at the end of the contract period, reasons need not be provided for the non-renewal.Principals may challenge non-renewal if they believe such action was based on arbitrary or capricious action by the school board.The burden of proof rests with the principals who challenge non-renewals to demonstrate arbitrary and capricious actions by school boards.

Collective Bargaining & Teacher Strikes

Viewed as a mechanism to achieve a greater role in management and operation of public schools

Most issues focus on rights of employees and terms and conditions of employment

Collective Bargaining - History

Wisconsin was one of the first states to enact legislation to allow bargaining to occur – 1940’s

Teachers became active in collective bargaining in 1960’s

Most states currently allow some form of bargaining

Collective Bargaining

Intent – Teacher empowerment and shared power between teachers and school boards

Teachers have the right to affiliate with a union without fear of reprisal

“Good faith” requirement – bargaining must be sincere in intent to reach a reasonable agreement

Private Sector vs. Public Sector

Public sector employees are protected by certain rights under state statutes

Private sector struggled with evidence of corruption

Federal laws were enacted to help protect private sector employees

Public school teachers not permitted to strike

Teacher Strikes

Prohibited in many states State statutes vary regarding

limited strikes Where allowed, most include

statutory conditions to carry out strike

Courts tend to uphold no-strike laws when challenged

State Involvement

Most states require teachers to be affiliated with a bargaining unit

A bargaining unit is required to represent its membership on a fair and equitable basis

Collective Bargaining

Categories for bargaining: Mandatory (compensations and conditions), Permissive (commonly agreed upon like contributions to pensions), and Illegal (things that are non-negotiable)

Impasse and Bargaining

When negotiations fail to lead to an agreement…MEDIATION-a neutral party assists in trying to reach a decisionFACT FINDER-third party attempts to analyze facts and determine where compromise may occur-nonbindingARBITRATION-third party reviews, makes suggestions to encourage settlement – binding recommendations

Frequently Asked Questions

Collective Bargaining & Teacher Strikes The collective negotiations process should always be guided by a good

faith effort involving both parties: school boards and union officials. School boards should not negotiate items for which they have no legal

authority to negotiate (e.g. setting salaries, employing personnel) unless there is express statutory authority to do so.

Any sustained action taken by striking teachers that may disrupt educational opportunities for students will no likely receive court support.

Constitutionally protected rights and freedoms of teachers should not be impaired by collective bargaining agreements.