Jeffrey Miller, Marist SchoolGeorgia Debate Institutes

Teacher Tenure Topic Lecture

• 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)

What is teacher tenure?

Historical Background of Tenure

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

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

Arguments for Tenure1909 New Jersey Law

• 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

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

Arguments against Tenure1909 New Jersey Law

• The main con argument was primarily concerned that tenure would limit the dismissal of poor performing educators

1941 Illinois Law

• Opponents worried that such a law would lead to life-time employment and severely limit the dismissal of poor performing teachers

Why this topic area probably will occur this year in Public Forum

Vergara v. California

• 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.

Facts About the Case

• 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.

Judge Treu Decision

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.

Dismissal Status• Costs $450,000 to fire a

teacher. Dismissals are “very rare”

• Due to time and costs, dismissals are ineffective and considered “illusory”

LIFO• “The logic of this position is

unfathomable and therefore constitutionally unsupportable.”

• Challenge is already planned – former lawyer for President Bush is leading it.

• Target is on LIFO policy – the group Partnership for Educational Justice is funding the challenge.

• Six other states will be challenged soon - New York, Maryland, Oregon, New Mexico, Idaho, Kansas and Connecticut.

New York is next.

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

Framework, Definitions and Burdens

• 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

Definitions for the round

Best Interests of EducationFor Teachers?

• Subject-predicate agreement… teacher tenure was created for teachers, not students.

• Good teachers are prerequisites to learning

For Students?

• Persuasive especially to lay judges

• The job of our schools is to teach first, employ second.

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)

Core Arguments on Both Sides

• 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

Pro Arguments on the topic

• Teacher Based Contentions– Tenure = Job Protection (Attrition, quality, etc)

– Due Process Good (Protection vs. cray cray folk)

• Tenure Reform Contentions– Performance Based Tenure

Con Arguments on the Topic

• 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

Research Groups After Dinner

Group 1: Alternatives to TenureAaron

ChelseaMaudNada

Group 2: Due ProcessAnnefloor

HarryKayla

Olumeka

Group 4: Expensive to Fire

DannyKimoraTanayRaja

Group 5: Benefits/Recruitment

DariusLucianoReeceOmario

Group 3: Unions Effect on Schools

BrandonLuke

Morgan