Teacher tenure laws often are criticized for protecting the jobs of incompetent teachers. Sometimes, in fact, it may be very difficult to get rid of a bad teacher, but there is nothing in the law that protects bad teaching. In every state that gives its teachers the protection of tenure, teachers may be fired for incompetence.
How do Teachers Earn Tenure?
When new teachers are hired, they remain on probation for two to five years. Probationary teachers may be dismissed for any reason at all. Districts that demand only superior teachers can dismiss any who are merely satisfactory. Untenured teachers have no legal protection.
Why do Teachers Want Tenure?
Tenure prevents school districts from replacing well paid, experienced teachers with lower salaried beginning teachers. Tenured teachers dare to criticize ill-considered school policies, work for their unions, or become involved in local politics without fear of reprisal. They feel more comfortable trying new instructional methods, standing up for the rights of students or colleagues being treated unfairly, or filing grievances if their contracts are violated.
Why do Bad Teachers Get Tenure?
Some low income districts find it very difficult to attract any teachers at all – so their standards may be distressingly low. In other districts, nepotism is not uncommon, and bad teachers are protected by their "patrons." Some who are bad at teaching may be good at school district politics. Some shameless sycophants persuade building administrators to ignore their numerous faults.
Worst of all, some building administrators may be incapable of telling good teaching from bad. Some were inadequate teachers who went into administration to escape the classroom. Some never taught at all. They favor teachers who never question their authority, even when they are dead wrong. A bad teacher can escape their notice just by giving them what they want.
How does Tenure Protect Bad Teachers?
Once teachers earn tenure, they only can be fired for cause. Administration must have a valid reason to fire a tenured teacher, and the tenure board or arbitrator hearing the case will expect to see evidence of poor performance. Teachers are observed and evaluated on a regular basis, so a bad teacher's personnel file ought to contain poor observation reports, letters of reprimand, and suggestions for improvement. If no such evidence is present – or if nearly all the negatives were added to the file shortly before the effort to fire the teacher began – the teacher can argue that his or her overall performance was satisfactory.
In brief, if the district cannot fire a bad teacher, it should also be working to fire the incompetent administrator who failed to document the teacher's poor performance.
How often does Tenure Protect Bad Teachers?
Only rarely are bad teachers protected. When inadequate teachers are shown the evidence that will be used against them at a tenure hearing, most voluntarily resign – often encouraged by union leaders who can see that the district's case is strong. Nevertheless, unions are required by law to defend teachers who choose to fight dismissal.
Tenure battles can be prolonged, and expensive for both the school district and the teacher union. Most often, teachers lose the battle. Some genuinely deserve to lose. Others, however, deserve to win.
What Should be done about Tenure?
School districts that find it difficult to fire bad teachers because of teacher tenure must look to their methods for selecting and developing administrators. When teachers are properly and fairly evaluated on an ongoing basis, tenure will not protect bad teachers – but it will protect good teachers from unfair dismissal.
