The first state within the United States to form a tenure law was Massachusetts in 1886. At the time, political favoritism caused teacher dismissals if an elected official was of the opposite political party than the teacher or a politician's friend desired the teaching position. Tenure laws set specific regulations for dismissing a teacher, requiring legal hearings and evaluations. As a result, teachers granted tenure were protected from outright dismissals
Teachers can be granted tenure after working between one and seven years, depending on the state they teach in. Initially teachers enter a probationary period before they can be granted tenure. The teacher should receive an individual development plan at the beginning of the school year, highlighting the school district's mission and goals for the teacher's grade level being taught. Depending on the state and school district, the teacher should be observed at least twice for evaluation. Near the end of the school year, the teacher will be presented with a written notice stating any areas in need of improvement. Each school year within the probationary period the school district will offer this feedback.
Any teacher granted tenure has a right to appeal to the Tenure Commission if the teacher has been dismissed without pay. A judge will determine if the school district's dismissal grounds are acceptable, such as poor work ethic or inappropriate school behavior. However, the commission's judge can overturn a school district's dismissal reason, reinstating the teacher's position at full pay, if the dismissal was considered unjust .
Many tenure opponents do not agree with the tenure process. Opponents argue that tenured teachers are less likely to be dismissed since the tenure laws are so elaborate, even if actual misconduct has occurred. In essence, it is too difficult to dismiss a tenured teacher under current state laws. As a result, teachers within the probationary period are more likely to be dismissed although they may be working at a satisfactory level.