CSUN University News Clippings

Teacher tenure a thorny issue, but some say it improves teaching

(November 24, 2009)

By Mediha Fejzagic DiMartino
Published: 11/22/09

A recent report card on California’s ability to fire poorly performing teachers won’t end up on anyone’s refrigerator.

A report by the U.S. Chamber of Commerce and the Center for American Progress, “Leaders and Laggards,” examined the 50 states in eight categories, including school management, finance, technology and staffing.

California acquired a passing mark in many categories, but was given a F when it comes to firing poorly performing teachers.

According to the report, more than 85 percent of principals polled said that tenures are a barrier to removal of ineffective teachers.

“It’s not a good thing for the students,” said James Kidwell, deputy superintendent of human resources for the Ontario/Montclair School District. “It impacts the quality of their education. Students deserve high-quality teachers.”

Without the ability to fire ineffective teachers, school leaders cannot build a cohesive school culture, create an environment of accountability, and ensure that all students will learn, the report stated.

But the notion that it’s difficult to remove poorly performing teachers is a “misconception,” said Gary Kinsey, an associate dean of College of Education and Integrated Studies at Cal Poly Pomona.

“The system can work efficiently if the administrators understand what the process is,” Kinsey said. “We work with the teacher to address areas that are problematic.”

Tenure represents due process rights teachers earn after a two-year probation period. It not only guards against frivolous dismissals but also protects the investment put in teachers’ education and training, he said.
If threatened with dismissal for not performing their duties adequately, tenured teachers are entitled to a hearing and a counsel, usually provided by their union.

The school administrators must show that they’ve exhausted all avenues in assisting the teacher to improve their shortcomings – a process that has numerous steps and sometimes can take three to four years to complete.

Then, it’s up to the school board to decide if the teacher will stay or be fired.

“It’s kind of getting your case thrown out of the court because you didn’t gather the evidence correctly,” said Jan Thornhill, president of the Associated Chaffey Teachers, a union representing teachers working for the Chaffey Joint Union High School District.

Due process is very swift in situations where a teacher has “crossed over the line professionally”, such as an inappropriate contact with students or when safety of the students was jeopardized in any way, Kinsey said.

Established in 1921, tenure “was enacted in order to prevent letting go of a good teacher who has methods or opinions that administrators don’t like,” Thornhill said, particularly when dealing with hot-button issues.

“If students want to have a GLBT club on campus and there is a teacher who believes that kids need really need the support, the principal cannot fire them because someone in the community did not like what was going on,” she said.

But some argue the tenure process is outdated and overlaps some recently established anti-discrimination laws.

“When (tenure) laws were put in place, teachers who were fired had no recourse, there was no requirement for an investigation,” said Rebecca Lawrence, a superintendent of the Alta Loma School District. “I think protection does not need to be at the same level due to other laws that were passed (since).”

Very few teachers have been fired for incompetence in Lawrence’s district.

“Most of the time if a teacher is struggling, we can work with them and make a difference,” she said.

Issues tackled through tenure include poor classroom management or inability to present the lessons in an effective manner.

During his career, Kinsey worked as a school principal at all educational levels and had a chance to coach as well as fire a number of teachers. The process usually involves frequent visits to the classroom, making suggestions, peer coaching or attending professional development workshops.

“When teachers begin their careers, they are at different points in their life,” he said.

Some grew up in large families while others have children of their own – life experiences that may be of assistance to them with classroom management. The due process safeguards against making rash dismissal decisions and gives struggling teachers who have the drive to succeed an opportunity to improve their skills.

“The idea is to try to assist them in becoming excellent teachers,” Kinsey said.

During the due process, administrators will sometimes steer a troubled teacher into taking on a different responsibility, a new challenge.

Kinsey recalls dealing with a 40-year veteran teacher who had “serious classroom management issues.” Instead of firing her or sending her back into the classroom, Kinsey found her a spot in the school district’s alternate education, where students complete their studies independently. In her new role, the veteran teacher was tutoring students one-on-one, with much success.

The state’s budget crisis has forced many local school districts to lay off hundreds of teachers. Younger, newly credentialed ones were first on the chopping block.

“Teachers that come to us now are most often much better-trained compared to me when I got out of school,” Kidwell said. “The vast majority of them are very talented. Technology has had a positive impact on teaching. I’ve seen veteran teachers work with smart boards and do an excellent job while others are not comfortable.”

For Kidwell, tenure is a “two-edged sword.”

“On one side you are trying to protect the rights of the teachers, but it makes it more difficult to dismiss those who are ineffective and who are not able to increase the academic achievement of their students,” he said.

The biggest hurdle is the amount of documentation needed to demonstrate that the teacher is ineffective and should be modified so that it does not require as much time to document problems and dismiss if needed.

“Some people, despite the training and the education, are just ineffective in the classroom,” he said. “We need to help them find other careers.”

Publication: Daily Bulletin