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Budget Bill Update - Teacher Tenure August 19, 2009
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The new tenure requirements that will go into effect are as follows:

o Teacher Tenure: Adds to the qualifications for a continuing contract (tenure) for classroom teachers who become licensed for the first time on or after January 1, 2011, a requirement that the teacher has held an educator license for at least seven years.
o Stipulates that these tenure requirements override any conflicting collective bargaining agreement entered into on or after the provision's effective date.

o Clarifies that classroom teachers first licensed prior to January 1, 2011 are eligible for tenure if they have completed current continuing education requirements since the initial receipt of an educator license, unless that license was a substitute teaching license.

Commentary:
This changes the current law and our contract. Currently, a teacher must have a professional license, must have three years of teaching experience, and a masters degree or equivalent (30 semester hours of graduate credit) in order to be eligible for a continuing contract (tenure). Now new teachers will need seven years of experience (regardless of the school district where employed) under limited contracts in order to be eligible for tenure. Our collective bargaining agreement expires June 30, 2011, so all newly licensed teachers after that date will be subject to the new statutory tenure requirements.
Teacher tenure is widely misunderstood by the public. Tenure is not a guarantee of lifetime employment; it is a guarantee of due process and provides some protection when layoffs occur. Teachers working under limited one-year contracts can be dismissed without just cause when their contracts are up for renewal. Essentially, there are no meaningful due process rights in such circumstances.
Given the subjective nature of teacher evaluation systems, we don’t think that the new requirements will make the teaching profession more attractive. Another potential collateral effect is that while good teachers will have seven years of questionable job security, poor performing teachers may remain in the classroom longer than they should. 
Fraternally,
Tom Schmida, President



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