Tenure: Time for a change

Many people incorrectly believe tenure guarantees a teacher’s job for life. In fact, all tenure does is provide safeguards against arbitrary and capricious terminations by requiring just cause and due process. It protects teachers from being fired for personal, political, or other non-work related reasons. Although that is commonly referred to as tenure, it really is not tenure. In higher education, tenure is an iron-clad guarantee of lifetime employment except for very egregious causes. Teachers do not have that. They have the right to due process.

The field of education is unique. In most other professions, a newly hired employee may be considered probationary for just six months, or even a year. When new teachers are hired in Connecticut, they serve as untenured, probationary employees for four years. During this time they can be dismissed for any reason. This time period gives school administrators an extended opportunity to evaluate a teacher before determining whether or not the teacher has earned tenure.

Connecticut’s statute allows tenured teachers to have their contracts automatically renewed from year-to-year, but, this does not prevent them from being fired. Tenure only affords them the right to an objective review. They can be dismissed following a termination hearing before the board of education or an impartial hearing panel.

Unfortunately, extensions, delays and significant legal expenses can prolong and discourage the termination process, making it difficult for school districts to remove poor teachers. That is why AFT Connecticut has proposed a streamlined dismissal process as part of its comprehensive teacher evaluation plan. The goal of teacher evaluation should be to continuously improve and inform teaching so as to better educate all students. AFT Connecticut’s proposed evaluation system can also in fact inform employment decisions and due process proceedings.

If teachers are comprehensively evaluated annually and are given supports when improvement is needed, teacher dismissal will be done fairly, expediently and cost effectively. Teachers have zero tolerance for people who, through their conduct, demonstrate they are unfit for the profession. And in those rare cases of serious misconduct, teachers should be removed from the classroom immediately. Tenure is about protecting good teachers, not bad ones. AFT Connecticut’s proposal will do just that.

TEACHER TERMINATION PROCESS AND DEADLINES

PROCESS ACTION	CURRENT STATUTE Number of Days	AFT Connecticut PROPOSAL Number of Days
Teacher is granted tenure	After forty school months of fulltime continuous employment for the same board of education	After forty school months of fulltime continuous employment for the same board of education
Teacher formally requests a hearing	Up to 20 days after receiving written notice from superintendent that termination process is beginning	Up to 10 days after receiving written notice from superintendent that termination process is beginning.
Termination hearing must begin	Within 15 days after receiving the request for the hearing (parties can agree to up to 15 days extension)	Within 15 days after receiving the request for the hearing (parties can agree to up to 15 days extension)
Hearing is held before:	(A) The board of education or a subcommittee of the board, (B) an impartial hearing panel, or (C) a single impartial hearing officer chosen by the teacher and the superintendent. Third member of hearing panel (when a panel is chosen rather than a single hearing officer) must be chosen up to five days by the two other members (those appointed by the teacher and the superintendent); if no agreement, the third member is chosen under American Arbitration Association selection process.	A single impartial hearing officer chosen by the teacher and the superintendent. If the parties are unable to agree upon the choice of a hearing officer within five days after the teacher’s request, the hearing officer is chosen under American Arbitration Association selection process.
Decision	Hearing panel or officer must submit recommendations and findings to board of education within 75 days (parties can agree to up to 15 days extension).	The hearing officer must render a decision which shall be final and binding regarding termination or other disposition of the charges against the teacher within 60 days (parties can agree to up to 15 days extension).
Board of Education decision on termination	Within 15 days of receiving the recommendation of the panel or officer.	Eliminated.
Teacher requests transcript of hearing	Within 15 days after the board's decision.	Eliminated.
Appeal	A teacher terminated at the end of this process has 30 days to file an appeal in Superior Court. The court must affirm the decision of the school board unless it finds the substantial rights of the teacher were prejudiced due to: (1) a violation of constitutional or statutory provisions, (2) the board acting in excess of its authority, (3) an error of law, (4) an unlawful procedure, or (5) other errors or abuse of authority.	Either party may move to confirm, vacate or modify the decision of the hearing officer in Superior Court.

AFT CT (American Federation of Teachers Connecticut) is committed to improving the quality of education for every child in the state. Education reform issues like teacher tenure, teacher certification, teacher evaluations, early childhood education, charter schools, school funding and more need input from all educators. PreK-12 teachers, paraprofessionals and school related personnel are working every day to improve learning and help students to grow. From urban schools in Connecticut, such as Hartford, New Britain, New Haven and Meriden, to suburban schools, such as, Bloomfield, Simsbury and Waterford, to regional school districts, our members are working to provide quality education.