What Tenure Is and What It Is Not Tenure is a guarantee of due process for a tenured teacher facing dismissal charges. Tenure is not a guarantee of a teaching job for life. Tenure is granted after the probationary period is concluded. Tenure is not granted upon appointment as a teacher. Tenure is due process, a formal legal procedure. Tenure is not dismissal for any reason. The reasons must be misconduct, incompetence or insubordination. Tenure is a protection that encourages teachers to be on the cutting edge of reform and helps teachers seek new ways to help students learn. Tenure is not a protection that encourages mediocrity. Tenured teachers can be and have been dismissed.
The tenure system began in 1917 but only affected teachers in New York City. Teachers in other districts continued to be employed by contract but were subject to arbitrary dismissal. This dismissal could be based on a local board of education's political agenda and judgment. A teacher could have faced dismissal for anything from marrying or divorcing to supporting a political candidate. It wasn't until 1970 that partisan school board hearing panels were replaced with independent panels whose members were selected by the school district and the teacher. In 1977, as a response to pressure, the law was strengthened and the process expedited. The panel's decision was binding unless successfully appealed to the commissioner. 1917 - First New York State tenure law passes affects only New York City school districts. 1937 - Law expands to cover Union Free School Districts 1945 - Law is amended to include some due process rights 1970 - Law is amended to replace partisan school board hearing panels with independent panels selected by district and teacher 1977 - Law is strengthened to give panels power to issue binding decisions 1994 - Legislature approves NYSUT recommended changes to provide fairer and faster process. This new process is less costly to districts.
Tenure is a much-misunderstood concept. Tenure has removed much of the politics and injustice from the discipline and dismissal of teachers. Generally, teachers have a probation period of three years. During that probationary period, teachers may be dismissed at any time. At, or before, the expiration of the probationary period, the board of education, upon recommendation of the superintendent, must either deny or grant tenure.
Tenure affords teachers due process in a formal legal procedure that guarantees them the right to have allegations against them. Once granted, a teacher is guaranteed a system of due process, not a guarantee of a job for life. In other words, one competent teacher cannot be dismissed so that the district may hire someone else who has better political connections. Tenure is not transferable from one school district to another, from one subject area to another.
Once a teacher has been granted tenure, a teacher can be dismissed for 'just cause.' These general reasons are part of New York State law, and once a teacher is charged, a hearing is held. These charges must fall under one or more of the following recognized New York State headings:
Once a teacher has received notification that charges are being filed, the 3020-a process is subject to a strict timeline. Any teacher given notice that the district is filing 3020-a papers must notify the union immediately. The teacher is assigned free representation through NYSUT for this process. There is a pre-hearing conference for 'discovery' which must take place within 10-15 days after a hearing officer has been assigned the case. At that time the teacher's attorney reviews the board's evidence. The law further directs that the hearing officer schedule hearing dates so that all hearings are completed within 60 days. The law states that a teacher who has been suspended while disciplinary proceedings are under way will continue to receive pay.
A teacher hired is appointed to a position in a tenure area as established by the Board of Regents. Teachers hired prior to August, 1975 fall under a horizontal system of tenure. Under that system, teachers at the secondary level, regardless of subject area, received tenure in 'secondary level'. Post 1975, teachers were placed in the following vertical areas of tenure:
After a teacher has acquired tenure, he or she may not be transferred or assigned to another tenure area without the teacher's consent. If a teacher is certified in several subjects, the teacher may be appointed to positions in more than one tenure area where such positions are at least 40% of the time. A teacher may work outside his or her tenure area not more than 20% of the teaching time. Source : NYSUT |