All Things Tenure

 

What is Tenure?

Tenure is designed to ensure due process on discipline or dismissal, protecting a teacher for failing a star athlete or providing a hearing on questionable claims made by an unreasonable parent.  Tenured teachers enjoy continuing employment and are not at-risk for contract non-renewal; they can only be dismissed for cause.

Tenure is not a “guaranteed job for life” as some say.  Tenure means that a person who has earned tenure status cannot be dismissed from his/her position without cause and is entitled to due process.  The due process provides a means to make sure a dedicated veteran teacher is treated fairly and won’t be dismissed for unjust or unfounded reasons.

The current tenure law lists five (5) causes which may lead to the dismissal of a tenured teacher:

1.      Conduct unbecoming a member of the teaching profession (TCA 49-5-501(3))

2.      Incompetence (TCA 49-5-501(5))

3.      Inefficiency (TCA 49-5-501(6))

4.      Insubordination (TCA 49-5-501(7))

5.      Neglect of duty (TCA 49-5-501(8))

Due Process

The following indicates the due process rights of a teacher in accordance with current state law:

1.      Teacher must be informed in writing of the cause(s) leading to disciplinary action (including suspension or dismissal) (TCA 49-5-511(a)(4)).

2.      Teacher may request, within 30 days of notification of cause, a hearing before an impartial hearing officer (TCA 49-5-512(a)).

3.      All parties may be represented by counsel, examine evidence, subpoena and call witnesses, and require testimony under oath (TCA 49-5-512(a)(4)).

4.      The decision of the impartial hearing officer can be appealed to the school board (TCA 49-5-512(c)(3).

5.      The decision of the appeal to the school board can be appealed to chancery court (TCA 49-5-512(c)(4) and TCA 49-5-513).

Tenure Eligibility Requirements

The tenure law changed on July 1, 2011.  Teachers who attained tenure status prior to July 1, 2011 and are still employed by the school district conferring tenure status are covered under the conditions of the pre-2011 change.  Those who had not attained tenure prior to July 1, 2011 or who changed employers after July 1, 2011 are under the conditions of the new tenure law.

Old Tenure System (pre-July 1, 2011) vs New Tenure System (post-July 1, 2011)

Items in bold are differences between the two tenure systems

OLD SYSTEM

  • Have a degree from an approved four-year college

  • Hold a valid teacher license based on training covering the subjects or grades taught

  • Have completed a probationary period of three years and not less than twenty-seven months within the last five-year period, the last year having been employed as a regular teacher

  • Once eligible for tenure, the teacher shall be recommended for tenure or nonrenewed; provided, however, that the teacher cannot be continued in employment if tenure is not granted by the board of education.

  • Teacher cannot lose tenure statues unless he/she resigns from the school district that granted tenure.

NEW SYSTEM

  • Have a degree from an approved four-year college

  • Hold a valid teachers license based on training covering the subjects or grades taught

  • Have completed a probationary period of five years and not less than forty-five months within the last seven-year period, the last two years having been employed as a regular teacher.

  • Have received evaluations demonstrating and overall performance level of “above expectations” or “significantly above expectations” during the last two years of the probationary period.

  • Be re-employed by the direct of schools for service after the probationary period.

  • Be re-employed by the direct of schools for service after the probationary period.

  • Teacher can return to probationary status if the teacher has two consecutive years of inefficient evaluation scores (1’s or 2’s).  If returned to probationary status, teacher must have two consecutive years of “above expectations” or “significantly above expectations” on the evaluation to return to tenure status.

Tenure Transferability

If a teacher chooses to resign from the school district where he/she has been conferred tenure status and has been accepted for employment with another district, he/she can negotiate for a reduced tenure eligibility probationary period with the new school district.  According to the law, a previously tenured teacher must serve a two (2) year probationary period; however the director of schools may waive the required probationary period (TCA 49-5-504(d)).  This also applies when a teacher resigns from the school district where tenure was conferred and later returns to employment with the same school district.

NOTE:  If you attained tenure prior to July 1, 2011 and are able to transfer your tenure to another school district (the director of school agreed to waive the probationary period), the pre-2011 law still applies to you (i.e. you cannot lose tenure status based on low Level of Effectiveness (LOE) scores); however, if you are not able to transfer your tenure to another school district without serving a probationary period, then the new tenure law applies to you and your contract is the subject to nonrenewal until tenure status is conferred.  Once tenure status is conferred, your tenure is governed by the post-2011 law and you can be returned to probationary status for two consecutive years of “below expectations” or “significantly below expectations” for your level of effectiveness scores.

 
 

 

 

 
Metropolitan Nashville Education Association