Teachers' Rights: Tenure and Dismissal

Teacher tenure is a promise or agreement that a teacher will have their job for a specific amount of time. In many states, after working for a certain period, a teacher can earn tenure. However, this amount of time depends on the state tenure statutes, which vary by state. This system protects public school teachers from losing their jobs. They cannot be fired or dismissed without just cause or sufficient cause.

Teacher tenure is a critical part of the American education system. It protects teachers from being fired without a good reason. It also helps to ensure students receive a good education. Without tenure, teachers might feel less secure. With it, teachers can focus on doing their best to help students learn.

This article briefly overviews teacher tenure.

The Rationale Behind Teacher Tenure

Teacher tenure is a policy that exists for several important reasons. Its main purpose is to protect good teachers from dismissal for non-educational reasons. Here are some key points behind the rationale of teacher tenure:

• Job Security: One of the key reasons to provide tenure is to give job security to teachers. Teachers could be fired for any reason in the early days of public education, including their personal beliefs or for teaching controversial topics. They could be fired simply because a school board member wanted to give the job to someone else. Tenure prevents these unfair dismissals, ensuring teachers can only be fired for just cause.
• Academic Freedom: Tenure also provides academic freedom. With job security, teachers are free to teach controversial or challenging topics. They are able to do this without fear of reprisal. This can lead to more effective and engaging classrooms. It also encourages critical thinking of students in the classroom.
• Attracting and Retaining Qualified Teachers: This is another important rationale for teacher tenure. Tenure helps attract and keep high-quality teachers. The promise of job stability can draw talented individuals in. It can also encourage them to stay longer. This provides students with continuity and experience.
• Fair Evaluation and Dismissal Process: Teacher tenure also provides a fair process for evaluation and dismissal. Without tenure, a teacher might be let go based on a single poor evaluation or a personal conflict with an administrator. With tenure, there are clear standards and a process for dismissal. This process can include warnings and opportunities for improvement. If necessary, there can be a fair arbitration hearing before a teacher can be dismissed.
• Protection Against Discrimination: Tenure also protects teachers from discrimination. It ensures they can't be fired on the grounds of race, gender, religion, or political beliefs. This safeguard contributes to a diverse, inclusive school environment.

As you can see, the rationale behind teacher tenure is multifaceted. It was designed to protect teachers' rights, but it also has profound benefits for the overall quality of education. It fosters academic freedom and encourages the retention of experienced teachers. It ultimately helps create a stable, diverse learning environment for students.

Teacher Tenure Statutes

Teacher tenure statutes are the laws that govern how tenure works in each state. These laws provide the legal framework that supports the rationale and operation of teacher tenure. Each state has its own set of statutes. They can vary significantly from one state to another. Under these tenure statutes, once a teacher has attained tenure, their contract renews automatically every year.

Here are some examples of state tenure statutes and how they differ among states:

• Arkansas: Teachers can earn tenure automatically after three school years of a probationary period.
• California: In this state, teachers can be dismissed at will within their first two years. After two years, they enjoy strong due process protections or tenure.
• Colorado: This state does not offer tenure. Instead, this state allows teachers to earn non-probationary status after three years. Probationary teachers can face nonrenewal.
• Connecticut: Tenure is earned after forty school months of full-time employment for the same board of education.
• Florida: This state has seen several reforms to tenure in recent years. In 2011, the state eliminated tenure for new teachers. In 2022, a new law was passed that requires Florida tenured professors to face reviews every five years.
• Kansas: This state abolished teacher tenure in 2014 under HB 2506. The law was challenged in 2018 but was upheld. The abolition of this law was found not to violate the state or federal Constitution.
• Mississippi: Teachers in this state earn an automatic tenure after a one-year probationary period.
• Missouri: Teachers are considered probationary once they have been employed in the same school district for five successive years.
• New York: For teachers who began teaching after July 1, 2015, the probationary period has been changed to four years.
• North Carolina: This state no longer offers a tenure option to new teachers. Instead, teachers are offered a one-year contract if they have been employed for less than three years.
• South Carolina: Teachers automatically earn tenure after a two-year probationary period.
• Tennessee: This state requires teachers to undergo a probationary period of five school years or not less than 45 months within the last seven-year period.
• Wisconsin: Teachers earn tenure after completing three years of continuous service.

School districts may dismiss tenured teachers only by showing cause. Dismissal can only happen after following certain procedural requirements. There is more information provided about this process below.

Tenure also provides some protection for teachers against other forms of discipline. For example, tenure gives protection against demotions, salary reductions, and other discipline. However, tenure does not guarantee that a teacher may retain a particular position. It also does not provide indefinite employment.

Content of Teacher Tenure Statutes

Teacher tenure statutes typically cover several key points. First, they define how and when a teacher can gain tenure. This often involves a probationary period. This period sometimes lasts for three years but varies by state statute. During the probationary period, a probationary teacher may be dismissed at the discretion of the school district. This release is subject to other restrictions, like contractual provisions or constitutional laws.

During this time, the teacher's performance is evaluated to determine if they qualify for tenure. In some states, once this probationary period has ended, teachers earn tenure automatically. Other states require the local school board to take action to grant tenure. This is usually at the end of the probationary period through a review of the teacher's performance.

Suppose a probationary teacher's dismissal does not involve discrimination or does not violate the terms of the teacher's contract. In that case, the school district likely does not need to provide notice, a summary of charges, or a hearing to the teacher.

De Facto Tenure Rights for Teachers

De facto tenure rights refer to situations where a teacher gains certain protections similar to tenure not through formal tenure laws. Through established practices or contractual agreements, a teacher can gain de facto tenure rights. This can happen in states or districts that don't officially grant tenure, or it can apply to teachers who have not yet met the official requirements for tenure.

For instance, if a school district consistently renews the contracts of teachers after a certain amount of time, it could be argued those teachers have de facto tenure. They may be able to expect some level of job security and due process protections. However, it's important to note that the protections can vary greatly to formal tenure.

This right was established in the U.S. Supreme Court case of Perry v. Sindermann (1972). This case established that teachers who gain de facto tenure are entitled to due process. This means they are entitled to certain procedures before the school district releases them.

State laws don't control how tenure works at private schools. But, a private school and a teacher can make a deal that gives the teacher tenure rights. Contract rights govern the enforcement of these rights. In other words, it will not be disputed under state tenure statutes.

Tenure Statutes: Proving Cause for Dismissal

A school must show cause in order to dismiss a teacher who has earned tenure status. Some causes for dismissal include the following:

• Immoral conduct
• Incompetence
• Inefficiency
• Neglect of duty
• Substantial noncompliance with school laws
• Conviction of a crime
• Insubordination
• Fraud or misrepresentation

Some state laws give a list of circumstances where a teacher may dismiss a teacher. These considerations are similar to those used when a state agency decides whether to revoke a teacher's certification.

Due Process Rights of Tenured Teachers

One of the most important aspects of teacher tenure is the protection of due process rights for teachers. The Due Process Clause of the Fourteenth Amendment states that no state may “deprive any person of life, liberty, or property without due process of law." This clause gives protections to ensure that teachers are treated fairly. These rights mean that a school can't fire a tenured teacher without providing a fair and transparent process.

The key components of due process for teachers are notice and a hearing. Notice means that if a school wants to fire a tenured teacher, it must first tell the teacher why. The reasons could be anything from poor performance to misconduct.

This rule applies to public schools. It sets the basic steps a school must follow when they want to fire a tenured teacher. It's important to know that this rule doesn't say why a teacher can be fired. Instead, it outlines how a school should go about dismissing a teacher. Many state laws about dismissing a teacher actually go beyond these basic steps. Many school policies include extra rules the school follows during this procedure.

Dismissal of Tenured Teachers

Additionally, these teacher tenure laws provide the procedures for firing a tenured teacher. Even with tenure, a teacher can be dismissed. The process is strictly regulated to protect teachers' rights. The reasons for dismissal are often clearly stated in education laws.

When a school decides to dismiss a tenured teacher, they must first provide a written notice to the teacher. This notice should include the specific reasons for the proposed dismissal. After receiving the notice, the teacher has the right to challenge the dismissal in a hearing.

The hearing allows the teacher to present their side of the story. They can challenge the reasons given for the dismissal. An impartial hearing officer or an arbitrator typically conducts this hearing. Both sides can present evidence and call witnesses in these hearings.

After the hearing, the officer or arbitrator will make a decision based on the evidence presented. If they decide the school has just cause for dismissal, the teacher will lose their job and their tenure. If not, the teacher will be able to keep their tenure.

If a teacher is not satisfied with the outcome of the hearing, they have the right to appeal the decision to a higher authority, like a state court. The appeal process provides an additional layer of protection for teachers under due process.

Getting Legal Help With Tenure or Dismissal

Teachers should consider getting legal help if they have an issue. A teacher might be facing dismissal. Or, their due process rights may have been violated. They might believe they are being discriminated against. In these cases, teachers should seek legal help.

Find a lawyer who concentrates in education law or employment law. There are also lawyers who concentrate in special education and collective bargaining agreements.

Talk to an education lawyer for help today.