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The Shifting Landscape of Tenure:Tackling an AnachronismFrederick M. HessAmerican Enterprise Institutewww.aei.org/hess
Looking Backward First statewide tenure law adopted in New Jerseyin 1909“As far back as 1885 tenure was interpreted tomean the application of the principles of civilservice to the teaching profession [which]should be independent of personal or partisaninfluence and free from the malignant power ofpatronage.”- NEA Committee on Tenure, 19212
Original Intent“A good tenure law improves school morale,and protects the qualified teacher. It provides, atthe same time, for the elimination of teacherswho because of incompetence, or for othergood reason, should be removed.”- NEA Committee on Tenure, 19483
Time Frame for Awarding Tenure4(Source: National Council on Teacher Quality Yearbook, 2009)
A Vision of a Sensible System 1.2.3.4.Four criteria for a well-structured tenure system:Tenure not automaticSet process that uses evidenceMake effectiveness the main criterionMinimum years of service5(Source: National Council on Teacher Quality Yearbook, 2009)
By That Standard 6(Source: National Council on Teacher Quality Yearbook, 2009)
Welcome to Lake Woebegone(Source: Weisberg et al., “The Widget Effect,”The New Teacher Project, 2009)
Lake Woebegone Has CompanyIn districts with binary evaluation, 99% ofteachers receive a “satisfactory” rating In districts with more evaluation options,94% receive the top two ratings and lessthan 1% are rated unsatisfactory (Source: Weisberg et al., “The Widget 8Effect,”The New Teacher Project, 2009)
Tenure Not Linked toPerformance(Source: Weisberg et al., “The Widget Effect,”The New Teacher Project, 2009)
Few Teachers Are Dismissed NCES reports that, on average, districts dismiss 1.4%of tenured teachers each year, for any reason at all Of the 80,000 public school teachers in New York City,each year, only 10 to 15 tenured teachers depart forreasons related to incompetence Between 1986 and 2004, just two of Illinois’ 100,000tenured teachers are fired per year for poorperformance(Sources: NCES, “2007-2008 Schools and StaffingSurvey; New York Times November 15, 2007; 10Hessand West, “A Better Bargain,” 2006)
Costs of Dismissal Michigan: 17 districts paid 763,251 in salaries todismiss 29 teachers; legal fees often 75,000 per case Los Angeles: officials spent 3.5 million to fire seventeachers; legal battles averaged five years and 500,000each New York City: an estimated 1,100 teachers in “rubberrooms” costs the city more than 100 million per year(Sources: Grand Rapids Press November 28,2008; Wall Street Journal, February 22, 2010;11The New Yorker, August 31, 2009 )
Tennessee’s RTT Proposal Starting in 2011, “First to the Top” Act requiresnew student evaluation system to be one factoron teacher promotion, retention, compensation,and tenureAllows districts more flexibility in using studentdata to determine tenurePlans to publish data on LEA and schooltenure-granting rates at state level12
Florida’s Senate Bill 6 Passed Florida House; Vetoed by Governor CristOne-year contracts for five years; must be “effective”to continueOlder teachers have to demonstrate “effectiveperformance” or face removal5% of each district budget set aside for performancepay increases and to develop tests for all grades andsubjectsTeacher performance gauged on the basis of valuedadded test scores13
Colorado’s Senate Bill 10-191 Introduced April 12 by Senator Mike Johnston;passed state senate April 30Annual teacher and principal evaluationsTenure only earned after three consecutive yearsof effectivenessTeacher evaluations can be considered indetermining layoffs14
Louisiana’s House Bill 1033 Introduced April 12Requires annual evaluations for teachers startingin Fall 2011“Evidence in growth in student achievement” acriterion for evaluation2009: Gov. Jindal allotted 580,000 to develop asystem that links teacher effectiveness withstudent achievement15
Washington, DC, ProposedContract Tentative agreement reached April 6 betweenMichelle Rhee and Washington Teachers’ UnionIncreases teacher salariesVoluntary performance pay program fundedlargely by private foundationsTeachers retained on basis of performance, notseniority, in event of budget cuts or schoolclosures16
Machinery Can Outlive Its Purpose17
Tenure in the st21CenturyWhen first pursued in the 20th century,tenure was a solution to a real problemToday, however Extensive federal and state protections existA changing labor market has boosted the cost oftenureAnd new tools and practices permit protectionsand a consistent focus on performance(Source: National Council on Teacher Quality Yearbook, 2009)
The Shifting Landscape of Tenure:Tackling an AnachronismFrederick M. HessAmerican Enterprise Institutewww.aei.org/hess
Of the 80,000 public school teachers in New York City, each year, only 10 to 15 tenured teachers depart for reasons related to incompetence Between 1986 and 2004, just two of Illinois' 100,000 tenured teachers are fired per year for poor performance 10 (Sources: NCES, "2007-2008 Schools and Staffing Survey; New York Times November 15, 2007 .
