1. Tenure
Tenure laws, sometimes referred to as continuing
service, are designed to protect teachers.
Provided a measure of security for teachers by
protecting them from arbitrary and capricious
treatment
Provided a degree of permanency in the teaching
force-consistency in the classroom that ultimately
benefits the students

2. Tenure
 Once established, the teacher could
only be dismissed for cause
 Right to due process
 Protection from special interest
groups and political factions –
allowed teachers to perform their
duties without undue interference

3. Acquisition of Tenure
 Tenure not offered in all states
 Probationary period varies
 Attainment usually after several years
(typically 3 to 7 years)
 Sometimes connected to student
achievement

4. Probationary Period
 Length of probationary period
determined by individual districts
 Can be non-renewed without cause
 Due process not required unless the
teacher can prove the non-renewal
was purely personal, political, or
motivated by arbitrary or capricious
acts
 Burden of proof falls on the teacher

5. Non-Tenured Status
If a teacher is non-renewed…
 S/he should not expect employment
beyond that year
 S/he does not have a right to
reason for non-renewal
 S/he does not have the right to due
process
 S/he does not have the right to a
hearing

6. Tenure for Principals
 Rare…currently only 11 states offer
tenure
 On one hand it offers protection to
principals…on other hand, if
principals are doing their job they
shouldn’t need protection

7. Tenure for Principals cont.
 Districts offering fixed term
contracts for principals in place of
tenure
 Offers some protection
 Vary in length from 1-5 years,
usually 3
 Trending – base on performance to
increase accountability based on
quality and effectiveness

8. Non-Renewal of Principals
 With timely notice – School boards
do not need to give reasons
 Principal may challenge the non-
renewal if it believed to be for
arbitrary or capricious reasons
 Burden of proof lies with the
principal

9. Frequently Asked Questions
Tenure for Teachers
Teachers are entitled to fundamental fairness, irrespective of tenure
status.
Tenure is not designed to protect teachers who are inept or
ineffective.
Tenure should protect competent and effective teachers.
Teachers may be dismissed only for specified reasons that are
based on objective and documentable evidence.
Due process procedural safeguards, as established by state
statutes, should be followed to ensure that dismissal decisions are
legally defensible.
Non-renewal of a non-tenured teacher’s contract does not generally
require due process of reasons, unless an alleged constitutional
violation is involved.

10. Frequently Asked Questions
Tenure for Principals
Principals on fixed term contracts are entitled to due process
hearings if their contract is cancelled prior to the contract expiration
date.
If a principal is non-renewed with timely notice at the end of the
contract period, reasons need not be provided for the non-renewal.
Principals may challenge non-renewal if they believe such action
was based on arbitrary or capricious action by the school board.
The burden of proof rests with the principals who challenge non-
renewals to demonstrate arbitrary and capricious actions by school
boards.

11. Collective Bargaining &
Teacher Strikes
Viewed as a mechanism to achieve
a greater role in management and
operation of public schools
Most issues focus on rights of
employees and terms and conditions
of employment

12. Collective Bargaining - History
 Wisconsin was one of the first
states to enact legislation to allow
bargaining to occur – 1940’s
 Teachers became active in collective
bargaining in 1960’s
 Most states currently allow some
form of bargaining

13. Collective Bargaining
 Intent – Teacher empowerment and
shared power between teachers and
school boards
 Teachers have the right to affiliate
with a union without fear of reprisal
 “Good faith” requirement –
bargaining must be sincere in intent
to reach a reasonable agreement

14. Private Sector vs. Public Sector
 Public sector employees are
protected by certain rights under
state statutes
 Private sector struggled with
evidence of corruption
 Federal laws were enacted to help
protect private sector employees
 Public school teachers not permitted
to strike

15. Teacher Strikes
 Prohibited in many states
 State statutes vary regarding
limited strikes
 Where allowed, most include
statutory conditions to carry out
strike
 Courts tend to uphold no-strike laws
when challenged

16. State Involvement
 Most states require teachers to be
affiliated with a bargaining unit
 A bargaining unit is required to
represent its membership on a fair
and equitable basis

17. Collective Bargaining
Categories for bargaining:
Mandatory (compensations and
conditions),
Permissive (commonly agreed upon
like contributions to pensions), and
Illegal (things that are non-
negotiable)

18. Impasse and Bargaining
When negotiations fail to lead to an
agreement…
MEDIATION-a neutral party assists in
trying to reach a decision
FACT FINDER-third party attempts to
analyze facts and determine where
compromise may occur-nonbinding
ARBITRATION-third party reviews, makes
suggestions to encourage settlement –
binding recommendations

19. Frequently Asked Questions
 Collective Bargaining & Teacher Strikes

 The collective negotiations process should always be guided by a good
faith effort involving both parties: school boards and union officials.
 School boards should not negotiate items for which they have no legal
authority to negotiate (e.g. setting salaries, employing personnel) unless
there is express statutory authority to do so.
 Any sustained action taken by striking teachers that may disrupt
educational opportunities for students will no likely receive court support.
 Constitutionally protected rights and freedoms of teachers should not be
impaired by collective bargaining agreements.