Teacher Tenure Topic Lecture

1. Teacher Tenure Topic Lecture Jeffrey Miller, Marist SchoolGeorgia Debate Institutes

2. What is teacher tenure? • According to David Stader in Law and Ethics of Educational Leadership: • tenure can be defined as a continuing contract that “…bestows a property right to employment in the district until the employee retires, resigns, dies, is terminated, or agrees to a change in contract status” • When do teachers get tenure? (“Probationary Periods”) • 1 year – Hawaii and Florida • 2 years – California, Mississippi, South Carolina, Vermont and Washington • 3 years – 27 states • 4 years – Connecticut, Illinois, Kentucky, Michigan, North Carolina • 5 years – Missouri, New Hampshire, Tennessee • Basically, tenure protects teachers. (RIF, LIFO)

3. Historical Background of Tenure

4. Timeline • 1883: Pendleton Act of 1883 passed • 1886: NEA formed the Committee on Salaries, Tenure, and Pensions • 1909: New Jersey becomes the first state for teacher tenure*** • 1917: Otis Bill in IL passed • 1941: The Act to Establish and Maintain a System of Free Schools passed.*** • Mid 1940’s – 70% of teachers are protected by tenure • Mid 1950’s – 80% of teachers protected • 2002 – Famous GA incident, Roy Barnes*** • 2011 – 18 states made revisions to tenure policies • 2013 – Every state requires some sort of “tenure” except South Dakota. • June 2014 – Vergara v. California

5. Roy Barnes, former Georgia Governor (and former UGA debater) What does he have to do with the teacher tenure topic?

6. Arguments for Tenure 1909 New Jersey Law 1941 Illinois Law Eliminate arbitrary dismissals and annual employee at-will contracts Protect the property and liberty rights of teachers Improve instruction Increase the efficiency of the system • Attract more qualified and effective teachers • Increase the efficient operation of school districts • Make teaching more attractive by providing teachers with increased political and economic security • Eliminate political favoritism in hiring and dismissal

7. Arguments against Tenure 1909 New Jersey Law 1941 Illinois Law Opponents worried that such a law would lead to life-time employment and severely limit the dismissal of poor performing teachers • The main con argument was primarily concerned that tenure would limit the dismissal of poor performing educators

8. Vergara v. California Why this topic area probably will occur this year in Public Forum

9. Facts About the Case Lawsuit funded by Students Matter (pro-charter, privatization, anti-union group) Lawsuit that tenure laws violate the California Constitution by denying children in public schools their constitutionally given right to a quality public education. Decision: Strike down 5 statutes including tenure, layoffs, and dismissal.

10. Judge Treu Decision Compelled by evidence from Chetty: “a ineffective teacher costs students 1.4 million in lifetime earnings per classroom.” Kane: Students who are taught by a teacher in the bottom 5% lose 9.54 months of learning. Berliner: 275,000 ineffective teachers in California (3%) Plantiffs proved that students have a right to equality of education and tenure causes inequality.

11. Permanent Employment Statute • Decisions must be made by March 15 (3 months prior to end of year) – shortens the period to 18 months. • Agrees 3-5 years would be better.

12. Dismissal Status • Costs $450,000 to fire a teacher. Dismissals are “very rare” • Due to time and costs, dismissals are ineffective and considered “illusory”

13. LIFO • “The logic of this position is unfathomable and therefore constitutionally unsupportable.”

14. New York is next. Challenge is already planned – former lawyer for President Bush is leading it. Target is on LIFO policy– the group Partnership for Educational Justiceis funding the challenge. Six other states will be challenged soon - New York, Maryland, Oregon, New Mexico, Idaho, Kansas and Connecticut.

15. Resolved: Eliminating teacher tenure is in the best interest of education in United States primary and secondary schools.

16. Framework, Definitions and Burdens

17. Definitions for the round • What is Teacher Tenure? • Columbia Encyclopedia 14: “Tenure, in education, a guarantee of the permanence of a … teacher's position, awarded upon successful completion of a probationary period… Tenure is designed to make a teaching career more attractive by providing job security; by protecting the teacher's position, tenure also tends to enforce academic freedom. … A tenured teacher may be dismissed for adequate cause, provided that the cause is established in proceedings with all the precautions of due process” • What does it mean to eliminate? • Completely remove • Reform

18. Best Interests of Education For Teachers? For Students? Persuasive especially to lay judges The job of our schools is to teach first, employ second. • Subject-predicate agreement… teacher tenure was created for teachers, not students. • Good teachers are prerequisites to learning

19. Burdens • Pro teams probably can argue that they have the burden: • Prove elimination good • Con teams can: • Prove elimination bad • Prove tenure is not good or bad (tie goes neg)

20. Core Arguments on Both Sides

21. Pro Arguments on the topic • Student Achievement Based Contentions • Low income schools are hurt by tenure • Unions goals contradict student goals • School Level Based Contentions • Firing tenured teachers is expensive • Tenure Reform Contentions • Performance Based Tenure

22. Con Arguments on the Topic • Teacher Based Contentions • Tenure = Job Protection (Attrition, quality, etc) • Due Process Good (Protection vs. craycray folk) • Tenure Reform Contentions • Performance Based Tenure

23. Research Groups After Dinner • Purpose: Practice using Verbatim 5 to cut cards • Find three cards per person in your group on your assigned topic. • Why is this a group effort? • Communicate about search terms • Double check that you don’t cut the same cards • When you’re done use the email feature in Verbatim 5 to email me your cards. JMILL126@GMAIL.COM

24. Group 1: Alternatives to Tenure Aaron Chelsea MaudNada Group 4: Expensive to Fire Danny Kimora Tanay Raja Group 3: Unions Effect on Schools Brandon Luke Morgan Group 5: Benefits/Recruitment Darius Luciano Reece Omario Group 2: Due Process Annefloor Harry KaylaOlumeka