New teachers are subject to a three-year probationary period. During this time their qualifications and conduct are more-closely examined and they may be dismissed at any time. At or before the end of the probationary period the teacher must be given a hearing and review, and tenure is given to teachers who have shown to be competent. Tenure is good in an individual school district only. If a teacher switches school districts he or she must enter a new probationary period lasting 2 years.
Tenure is granted after a comprehensive review by the school superintendent. The review takes a look at student performance. In 2010 the state toughened regulations with teachers requiring to guide students to progress for two consecutive years. Ratings of highly effective, effective, developing and ineffective are given based on student performance and other subjective and objective factors. Highly effective and effective teachers are granted tenure. Developing teachers are given the chance to enter an intensive program for a year to raise their skills. Ineffective teachers are denied tenure and usually dismissed. In 2009 11 percent of teachers were either denied tenure or returned to probation at the time of their three-year review.
The key feature of tenure is to protect a teacher from dismissal at the whims of superiors. Teachers are given job protection within the school district from events like the hiring of one teacher to replace another in the absence of just grounds for dismissal. Other job-protection features outline how teachers are guaranteed jobs in their subject area and age group of expertise. A teacher is not, however, guaranteed a job for life. Built into tenure regulations are specific and exclusive grounds for dismissal. Some of these include insubordination, conduct unbecoming of a teacher, incompetence, disability, neglect of duty and failure to maintain certification among other reasons. Teachers given tenure are generally not dismissed except in uncommon circumstances. A teacher is guaranteed an impartial hearing and legal representation provided by the teachers’ union.
Teachers given tenure are protected first in the event of school district layoffs. Seniority then dictates the order within the district that teachers are forced to go in. The system also works in reverse: when budgeting allows for the hiring of more teachers, tenured teachers who were laid off are given priority to be rehired.
Teacher’s aides are also granted tenure after the same probationary period, granting them all the rights given to teachers. This includes the same protections against disciplinary action or termination without just cause as outlined in the guidelines. Seniority follows the same structure of layoffs and rehires used when addressing teachers.