Current tenure laws offer job security, but may also protect bad teachers

Backed by a Silicon Valley tech magnate, nine Los Angeles students are looking to challenge California’s tenure system. The students argue that their right to a good education system is infringed upon by job protections that make it too difficult to fire bad instructors, according to The New York Times.

They are hoping to reform rules that grant permanent employment to teachers after 18 months on the job, require a lengthy procedure to dismiss a teacher and employ a seniority system in which the most recently hired are dismissed first in the event of layoffs.

The issue at hand: Should it be easier to fire bad teachers?

Tenure is granted to a teacher to signify that his or her position in the district is highly stable and they can’t be fired at the whim of an administrator. Once tenured, it’s far more difficult to fire a teacher, even in the case of layoffs. 

To achieve tenure, full-time teachers undergo a probationary period during their first two years in a district, and if the district decides to hire them for a third year, they are granted tenure automatically on their first day of their third year teaching. Teachers who are not tenured usually leave the district. 

“During those first few years as a teacher, not only is the  school deciding whether or not they want you to be a permanent teacher with them,” principal Paul Robinson said, 

“the teacher is deciding whether or not [he or she] wants to be a permanent teacher with [the school and] whether [teaching] is a real career [he or she] wants to devote his or her life to.”
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The current system treats incoming new and experienced teachers equally, according to Robinson. 

“You can have a teacher who is very experienced [who] doesn’t have tenure yet, but we know they’re outstanding teachers and we hope they stay for many years,” Robinson said.

At SHS, almost all teachers have tenure, Robinson said, with the exception of around 10 teachers who are either in their probationary years or are filling in for tenured teachers on leave. 

Like others, Robinson sees some downsides to tenure. 

“Sometimes a [tenured] teacher who has slowly digressed as a teacher, [and] not wanted to continually improve and just seems to be getting worse, can still maintain [his or her] job unless [someone] goes through the time and process of evaluating them out of the position,” Robinson said. 

According to Robinson, removing a tenured teacher from his or her position requires significant time and resources. If the teacher feels he or she is being unjustly dismissed, he or she can appeal the decision in court, a process that may take years. Last year, only 19 tenured teachers were fired in California, said Robinson. 

Fortunately, said Robinson, Saratoga High isn’t affected by the tenure debate.

“Our teaching staff is just outstanding,” Robinson said. “There are other high schools that are struggling with getting good teachers, [where] you find teachers with tenure who aren’t really putting their all into their professions.” 

Overall, Robinson said, tenure is an important part of the education system, and one that he thinks has few negative effects at Saratoga High. 

“Teachers who teach really well never, ever worry about tenure,” Robinson said. “They’ll be the first to tell you that if you got rid of tenure, it would make no difference in how they approach the classroom. [But for] those who struggle? Tenure makes a difference.” 

Math department head Debra Troxell thinks the state of California, which mandates tenure, should extend the number of years it takes to get tenure from two to six.

“You don’t really know [if someone’s a good teacher] after two years,” Troxell said.

Nevertheless, she is grateful for tenure.

“Three years ago, the economy was really bad, and my husband lost his job because the company wasn’t doing well,” she said. “I’m really glad I don’t have to worry about my job [as well as the] health benefits that go with it.”