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Lesson 3.10

Tenure and Seniority:
Teacher Tenure - Good? Evil?

Why is it so hard to dismiss teachers for cause?

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The first two years for California teachers are make-or-break.

For their first two years, new teachers in California can be dismissed "at will" by their employer - usually a school district. After two years of employment, however, teachers in most districts enjoy strong "due process" protections commonly referred to as "tenure."

Number of years for a teacher to receive tenure, by state, 2012. Source: National Council on Teacher Quality (NCTQ) Number of years for a teacher to receive tenure, by state, 2012. Source: National Council on Teacher Quality (NCTQ) Copyright 2012

Whenever hard times hit the stock market, California's budget falls. Budget pressure leads to a flurry of springtime "pink slips," the common name for a required notice sent to teachers when their position cannot be guaranteed. Seniority is usually the key element for determining the pecking order, at minimum as a tie-breaker.

Reforms that affect tenure usually seek to delay its onset, and there have been multiple attempts. Other reforms seek to reduce the role of seniority as a factor in layoffs or forced placements, or to streamline the steps involved in dismissing an underperforming teacher. Dismissals for cause are quite rare in California due to the complexity and expense of the required process. California's legislators have struggled for years in efforts to revise and streamline the process of dismissing a teacher for cause.

Dismissals are rare

Rather than pursue a lengthy dismissal process, principals sometimes use a more expedient solution to remove unwanted staff: they make a deal. If a poorly-performing teacher agrees to move to another school, the principal agrees to give her or him a satisfactory rating. This practice, known as the dance of the lemons, is colorfully derided in Davis Guggenheim’s 2010 film Waiting for Superman.

The California Teachers Association rejects the word "tenure" and refers to these protections as a form of due process. In a down market, when layoffs are unavoidable the CTA position is that seniority is usually the least unfair option, protecting teachers from dismissal for "arbitrary, unfair or unjustifiable reasons."

Young teachers
make way
for those with
seniority
knowing someday
THEY'LL have
priority.

In 2011, Michelle Rhee established Students First, an advocacy organization that put reform of tenure and seniority policies among its top priorities. The organization put particular emphasis on the practice of seniority-based layoffs, also known as last-hired-first-fired or last-in-first-out (LIFO) policies.

The use of seniority as a factor in teacher dismissal came sharply into question in the lean budget year of 2010. The ACLU challenged the constitutionality of seniority-based provisions on the basis that such policies have a disparate impact on students in poverty. In 2011, California schools sent layoff notices to about 20,000 teachers on a seniority basis, and generally did not renew first- and second-year teachers.

In 2012, an advocacy group called Students Matter sponsored a set of lawsuits against the state of California, seeking to strike down state laws that codify tenure and seniority practices. The basis of the suit was that these practices thwart students' right to an education, which is guaranteed in the state constitution. The complaint makes for interesting reading. The case, called Vergara v California, went to trial in January, 2014 and was closed in August 2016 having failed on appeal. The proponents' and opponents' coverage of the proceedings outline the views on each side.

Seniority and tenure policies, normally a dull hum in the background noise of education reform priorities, rose to importance in 2010 because economic changes drove teacher layoffs in relatively large numbers.

3-10-1-churn

Education Trust West explained the impact of seniority-based employment rules coherently in its report Victims of the Churn. The report criticizes "bumping" rights with particular vigor (see graphic).

The next lesson will turn to one of the least understood elements of teacher compensation: pensions.

Review

When a California school district's budget shrinks, which teachers are typically LEAST safe from being laid off?

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Questions & Comments

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user avatar
Jeff Camp - Founder April 5, 2017 at 7:11 pm
Current California teachers were surveyed for their opinions about tenure, evaluation, and other touchy subjects. The findings suggest that teachers may be more open to changes than many assume. For example, 65% thought three or more years should be required before granting tenure. Lots of other interesting findings, too.
user avatar
Jeff Camp January 11, 2017 at 4:39 pm
Which of America's largest school districts make it most difficult to dismiss teachers for cause? https://edexcellence.net/publications/undue-process?utm_source=Ed100
user avatar
Albert Stroberg May 1, 2016 at 6:44 pm
I see absolutely no reason for tenure in public schools. The idea is a left over from college professors who would be protected from reprisal for saying unpopular things- to "profess." That idea is totally vacant in today's public schools. If you're good you get a job, if you're not, find another place. Where else does this tenure thing happen? You keep a job by doing well.
user avatar
Jeff Camp - Founder April 14, 2016 at 11:50 pm
In April 2016 the Vergara decision was reversed on appeal. The plaintiffs promised a further appeal to the California Supreme Court. http://edsource.org/2016/california-appeals-court-overturns-vergara-ruling/562855
user avatar
germanb July 7, 2015 at 9:35 pm
The closing argument for the students in the Vergara case is powerful. Has the public begun to awake to the public school systems' inability to self regulate? Has the public school teacher union leadership dug their heels so deep it'll get buried as it refuses to reform? Why has the U.S. Supreme Court agreed to hear the Friedrichs v California Teachers Association case next term?
Marcellus McRae Presents Plaintiffs' Closing Arguments in Vergara v. California on Vimeo
http://vimeo.com/90273109
user avatar
Tara Massengill April 22, 2015 at 11:56 am
I just read "71 percent said layoff decisions should be based partly or entirely on classroom performance". What a joke! At least in my experience. My daughter has been in the SDUSD for 2 years (we're a military family), and both years her teachers have done just enough actual teaching to get by. Why? Because they had tenure. Last year, her teacher retired after the conclusion of the school year, but to be honest she probably should have retired several years before that, considering the lack of interest she showed in teaching. Her teacher this year is worse, but nowhere near retirement age. If teachers aren't going to TEACH, why did they become TEACHERS in the first place?
user avatar
Jeff Camp - Founder January 15, 2015 at 11:33 am
Change is in the air. In early 2015 TeachPlus released findings of a survey of TEACHER attitudes about teacher evaluation, tenure and seniority. Among the many important findings, these caught my eye particularly:
"71 percent said layoff decisions should be based partly or entirely on classroom performance; 24 percent supported basing layoff decisions almost entirely on seniority."
"15 percent said tenure in two years or less was appropriate"
http://edsource.org/2015/teacher-survey-change-tenure-layoff-laws
user avatar
Carol Kocivar - Ed100 October 25, 2014 at 1:39 pm
user avatar
Carol Kocivar - Ed100 June 10, 2014 at 12:20 pm
Update on Vergara v California:
On June 10,2014, the Superior Court of California in a tentative decision found the challenged statutes unconstitutional.
https://www.documentcloud.org/documents/1184998-vergara-tentativedecision061014.html
In a press statement, the California Teachers Association advises the decision will be appealed.
http://www.cta.org/en/Issues-and-Action/Ongoing-Issues/Vergara-Trial1.aspx
user avatar
David B. Cohen April 7, 2011 at 12:59 pm
I think you've managed to put the key issues out there pretty concisely. A couple things I'd add:
1. While we all use the word "tenure" it must be clarified that K-12 teachers do not have the same academic liberties that university professors enjoy with their "tenure." The main benefit of "permanent status" is the due process - that administrators must show cause for firing a teacher with that status.
2. There's no denying that a system strictly based on seniority in a district has flaws. I'm quite sympathetic to the view that the needs of a school should be considered, so that you don't keep destabilizing the same campuses over and over. However, I do not trust most of the people who talk about reforming the system because they seem more interested in firing teachers than fighting for adequate funding to avoid layoffs, or robust evaluation systems needed to measure quality (because test scores don't work).
3. Though it's not the stated focus of your post, I hope people recognize that you're pointing out systemic problems; it's not possible to lay the blame at any one doorstep, be it the union, administration, or district. The fixes for this problem will not come from "either/or" decisions, but rather a broad set of solutions aimed at every part of the problem: teacher training and professional development, union willingness to negotiate, improved training and ongoing support for principals, reformed governance and procedures especially for large districts, and most importantly, adequate funding for schools.
user avatar
Dominic Brewer April 12, 2011 at 12:10 pm
For interested readers, the research referenced above can be found in several academic sources or more generally an on line search will uncover documents that refer to the findings. A comprehensive review of research on teacher characteristics maybe be found in a chapter I coauthored with Icela Pelayo ("Teacher Quality in Education Production") in Economics of Education (edited by Dominic J. Brewer and Patrick J. McEwan; Elsevier, 2010). Multiple references to both the findings mentioned above (i.e. that teachers are the most important school related factor in student achievement, and teacher experience is important up to around 10 years) are cited in this piece).
©2003-2017 Jeff Camp
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