In my near-decade as a building union representative, I have worked with several staff members in need of support. They were struggling in one way or another, and their supervisor was recognizing that this was impacting student learning. Some of these teachers were "tenured" (though that's the wrong term, the real term is "on a continuing contract") and some were not. None were fired. All chose to leave on their own accord.
Should my school have been faulted for not firing them outright at the first inkling of trouble? Was it wrong that we gave them between a few months to a whole school year to try to improve their performance?
As I read what is going on California (where a judge has declared their "teacher tenure" policies unconstitutional and a dire threat to the well-being of students) I am truly torn. On one hand, I could name a couple of teachers I've met in my career who would have been dropped like a hot potato had their administrator not wanted to engage in the contractually agreed upon due process for termination. On the other hand, I've also known a few less-competent supervisors who would use the power to fire at will to advance an agenda that may not be best for kids. Like every other issue in education, it is more complex than the sound-bytes from each side. It is not as simple as the union protecting bad teachers or lawyers advocating for students.
David B. Cohen at InterACT, a group blog for accomplished California teachers offers an initial reaction that I think is worth the read. One point I can agree with him on above all: we're focusing on the wrong thing. If that judge wants to remedy something that is a dire threat to the well-being of students, start with adequate funding and infrastructure, not scapegoating teachers.
The parallels to Washington, to me, are obvious: TPEP, McCleary… And our constant need to remind the public that teachers are not un-firable once they leave provisional status after three years–while under provisional status, no due process is required and no reason must be given unless part of local CBAs. Once in continuing status, all teachers are guaranteed is due process. Tenure, the guarantee of permanent employment, does not exist in the way people think it does.
Great post, Mark, and David’s post is also excellent. I can only add what I once told our superintendent, “Remember, your name is on the contract too; you didn’t have to sign it. But since you did, you should probably focus on hiring really good teachers and planning really good professional development.”
David, the teachers in California are very lucky to have you has their advocate.
Thanks for reading and sharing my post. We’re all in this together, one way or another.