1. Tenure for K-12 teachers is the same as tenure for university professors.
FALSE – The definition of tenure is status given to an employee indicating that their position is permanent. This is the type of tenure a college or university professor might have but not public school teachers in Missouri. In reality, teachers have due process that is nothing more than a minimum required process, notice and an opportunity to be heard if the teacher desires to do so. Due process is similar to the rights that any contracted professional would have in the public or private sector. In fact, even though it’s not required, many businesses with exempt employees have some sort of process they use when determining whether or not to remove an employee from their position.
2. The current teacher tenure law protects bad teachers.
FALSE – No one wants an underperforming teacher in the classroom. In fact, the long probationary process in Missouri resolves many of the issues associated with a “bad fit” for both the district and the teacher. Five years is more than adequate to determine if a teacher, administrator and district are compatible. Often a teacher will determine that a district is not the right environment and will find one that is a better fit. In other cases, an administrator will make that decision. Regardless, that decision can easily be made in a five-year period before tenure is granted. If a teacher is underperforming, then it is up to district administrators to put due process in motion. Blaming a process that protects both districts and teachers is irresponsible.
3. It is expensive and complicated to fire a teacher.
FALSE – The process is actually streamlined compared with most states and favors the district more than the teacher. For example, the hearing granted to teachers takes place in front of the very board that decided to allow district administrators to terminate the teacher. The board will issue written charges that usually include the hearing date. The charges are sent 20 days prior to the hearing. The teacher then has 10 days to decide if they want to go though the hearing process. Many decide not to participate in a hearing. From start to finish the process can be completed in 20 to 30 days; a far cry from the six months to a year for hearing proceedings in other states. The hearings that do take place usually last a couple evenings and do not involve expensive pre-hearing discovery like court cases do.
In fact, the cost is minimal. There is no expense for an independent board. The only cost would be attorney fees that would be incurred for most state and private employers who may be removing long-term employees from their position.
4. Teachers don't want to be evaluated.
FALSE - Teachers appreciate and look forward to constructive feedback that will help them grow and improve as educators. However, an evaluation process must include more than one, high-stakes test. Examples could include student coursework; input from supervisors and evidence of continuing professional development. There is no other profession where one event or activity serves as the basis for success.
5. Reduction in force means that tenured teachers with more years of service will always be retained over a tenured teacher with fewer years of service.
FALSE – A board can place as many teachers on leave as necessary due to financial conditions. Permanent teachers cannot be placed on leave while probationary teachers are retained in a position for which the permanent teacher is qualified. If the layoff is a consideration among permanent teachers, the permanent teachers will be retained on the basis of performance-based evaluations and seniority. However, seniority shall not be the controlling factor within their fields of specialization.
If you have other questions or concerns about tenure, please let us know. You can email Aurora at ameyer@msta.org.
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