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David Moshman

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Students Need Teachers With Tenure

Posted: 08/31/11 12:16 PM ET

A safe prediction for the 2011-2012 academic year is that there will continue to be attacks on tenure at all levels of education. Why should teachers keep their jobs, it will be asked, if they are not doing their jobs well? Don't students have a right to competent teachers?

Indeed they do. Not only that, they have a right to competent teachers who are free to do their jobs. That means teachers who have the academic freedom to make academic decisions about their teaching.

In principle, all teachers should have academic freedom regardless of tenure status. But in the real world of education, the exercise of such freedom depends in large part on tenure. Thus students need teachers with tenure.

But wait. How does it help students to be taught by teachers who cannot be fired regardless of their performance? The answer is that it doesn't. But the question shows a common misunderstanding about tenure, which does not guarantee anyone a job.

On the contrary, tenure is a system that connects continued employment to job performance. Employees without tenure know that their jobs may be discontinued for any reason or for no reason at all. Employees with tenure, on the other hand, can expect continued employment for as long as their work is needed and meets established standards.

To fire a tenured employee, except in rare cases of genuine financial exigency or program elimination, the employer must demonstrate inadequate job performance. This entails a decision-making process that respects the right of the employee to respond.

Untenured employees, in contrast, can be fired at will or simply not rehired at the end of the current contract. There is no need to tell an untenured teacher she lost her job for teaching politically or religiously objectionable ideas about, say, history or biology. She can simply be informed of the nonrenewal of her contract without being given any reason at all.

And the victims are not just teachers. Students have a right to a curriculum devised on academic grounds and a classroom directed toward academic goals by a teacher free to teach on the basis of his or her academic and professional judgment. When teachers are fired for promoting and protecting education in their classrooms, students lose.

These are not just theoretical concerns. Teachers are subject to a variety of administrative, political, religious, and other pressures that often run counter to legitimate academic considerations. By insulating teachers from such pressures, tenure enables them to teach an academically justified curriculum in a manner that respects the academic freedom of students to question, argue, and reach their own conclusions.

The academic freedom protected by tenure, it should be clear, is not the freedom to do as one pleases. Teachers must teach what students need to learn. They must guide and enhance learning without indoctrinating students. They must protect the academic environment from nonacademic intrusions of all sorts. Academic freedom assumes and entails academic and ethical responsibilities.

And of course faculty at all levels of education, like all employees, should be systematically evaluated on a regular basis. If their performance is not satisfactory they should be informed of how it is deficient and given a reasonable opportunity to improve. If they are unable or unwilling to improve they should be fired.

But all of this is fully consistent with a strong system of tenure. After some period of meeting high standards of performance, teachers should attain the recognition and protection of tenure, which provides an expectation of continuing employment contingent on continuing to meet appropriate standards of performance.

Such a system is not just fair to teachers. It maximizes the likelihood that students will be taught by teachers who have met high standards and are free to teach on the basis of their best academic and professional judgment. That's what students need.

 
 
 
 
 
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01:03 PM on 09/04/2011
I have NEVER belonged to a union, nor has my husband, nor any of my children and their spouses. We have ALWAYS relied on our performance to secure our positions and NO ONE has ever been dismissed.
I was an analyst with an investment banking firm, my husband spent 23 years with big pharma and left to pursue new opportunities in the Bio-tech field. Our children are: an attorney; a surgeon; and a Phd candidate.

NOT A ONE OF US HAS EVER been afforded TENURE???? We all, collectively, worked VERY HARD, averaging 75-100 hours a week.
Was it difficult???What do you union member teachers think??? YES, IT WAS. But we have always believed that our own, personal work ethic would secure our positions and NEVER would have joined a union.
Believe in your ability to perform your job, work hard, really hard and you will not need the"protection" of an organization committed to undermining the ethos of our wonderful nation.
08:45 PM on 09/02/2011
Excellent, excellent post. We need tenure more than ever in this witch hunt and dismantling of public education for the almighty dollar.
01:09 PM on 09/04/2011
I vow to do everything in my power to eliminate tenure K-12. Who should not, year after year, have to demonstrate they are performing their jobs WELL??? Everyone in industry is subject to yearly reviews with the possibility of dismissal, so should be teachers. You are not sacrosanct...do your job, and like me, you have no worries. Rely on the DVD player and you MUST be dismissed.
01:30 PM on 09/02/2011
Because he'd only been teaching for three years, a very talented and caring math teacher was laid off at my school, while a whole bunch of incompetent, disinterested teachers remain. I don't know if that's a tenure thing or a teacher's union thing, but whatever it is, it sucks. Now this very good teacher works at Burger King and the kids are having trouble in math.
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roaddawg31
11:36 AM on 09/02/2011
IMO, the focus on this "assault" on tenure would be minimized if they simply didn't directly obstruct OTHERS from gainful employment. That's it. Obviously, we are going to scrutinize employment practices when GOOD people are being led to the (figurative) gas chamber, and GOOD people are being obstructed from getting in the classroom. We are naturally going to wonder why.
11:15 AM on 09/02/2011
No matter how many articles I read or arguments I hear I have yet to hear a valid logical reason for tenure in K-12. The best they can come up with is to keep teachers from being fired capriciously. I have two problems with this. 1. Why do teachers need to be protected more than any other profession. I'm sure that without tenure some teachers would be fired capriciously, but does anyone honestly believe that if teachers could be managed like any other employee in any other field all of the sudden there would be a wave of teacher firings for stupid political and capricious reasons or that they would come even close to the number of teachers who are fired for legitimate reasons, like for one being a lousy teacher? 2. My second problem is even more important to actual teachers. Tenure was instituted for researchers so they could do research that wouldn't be disposed of by disposing of the the teacher in question and was shanghaied by unions for public sector teachers so that now there are only two variables that effect a teachers pay scale; education level and seniority. Obviously both of these factors should affect pay level as they do in every other profession but the fact that they are the ONLY factors for teachers is ridiculous.
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roaddawg31
11:38 AM on 09/02/2011
The other thing you didn't mention is that teachers DO NOT use the power of their tenure. They lean heavily on the protections/safey it provides in terms of their general employment. They don't utilize this protection (i.e. speaking out against things) as is the original purpose.
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David Moshman
07:01 PM on 09/02/2011
Several commentators have understood and endorsed the role of tenure in protecting the academic freedom of researchers in higher education but questioned the extension of tenure beyond that to teachers and other professionals. As a college professor who does research on some highly controversial issues, I rely on tenure to protect me from having to compromise what I write in order to protect my job. But I rely on it equally to avoid having to compromise what I teach, and so do teachers at all levels of education. As for other professionals, anyone who is expected to make professional judgments must have the autonomy and job security to make such judgments on the basis of professional considerations.
12:34 PM on 09/01/2011
I think teachers should not have tenure. but I also think teachers need higher salaries, to attract more talented educators into the profession.
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maninal2
Without knowledge action is useless
09:21 AM on 09/02/2011
Why should teachers not have the right to a fair hearing?
10:15 AM on 09/06/2011
I'm not against anyone having a fair hearing, but why should teachers be immune from getting fired? No one else is. I think the system we have now for teachers is appalling---low pay+ job immunity = the worst of both worlds: job security for crappy teachers.
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Robert Schwartz
Parent, educator, edtech enthusiast/skeptic
12:16 PM on 09/01/2011
You have a utopian view of what tenure means in K-12. What it really is is a collectively bargained pawn that the union uses to try to win points with their stakeholders at the detriment to students.
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maninal2
Without knowledge action is useless
09:21 AM on 09/02/2011
That is a ridiculous assertion.
08:47 PM on 09/02/2011
I second your assessment- this post is absolutely the best put down of the union haters I have ever seen.
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01:29 AM on 09/01/2011
I guess if you felt tenure is such a good idea then we should implement it in every profession. I fail to see why your average teacher would need tenure protections over a policeman or a social worker. It seems that employment law and their union protections would be adequate protection.
Also, historically tenure was put in place for academic researchers. Applying tenure to the public school teachers seems illogical where you are supplying extraordinary protections for people that don't have the risks associated with academic research.
I think tenure should be reevaluated and reformed for all but the most acedemic, college-level researchers.
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mlaiuppa
Pres. Sarcasm Society. Like we need your approval.
02:30 AM on 09/01/2011
You mean....like the military? Where unless you do a really poor job you get a promotion and pay raise?
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maninal2
Without knowledge action is useless
09:22 AM on 09/02/2011
Historically tenure has been used as a promotional tool as well as support for academic freedom at all levels of education. Your attempt to shoe horn it into a meme you support is misguided.
02:49 PM on 08/31/2011
Teachers are employees. They aren't independent contractors to whom Districts give space. A school shouldn't be like a farmer's market, where each vendor dispenses whatever they want in whatever fashion they want. No. Teachers are employees. They should be actively managed as employees.

The only argument for tenure that makes any sense is the one that is always trotted out, that it is protection against capricious action by school or District management. But why should teachers be treated with such kid gloves? No one else is.

Making a case that "tenure is good for the kids" is pretty funny. It's a good try at marketing but it's a laughable stretch.
04:36 PM on 08/31/2011
Tenure is good for kids. Your argument (which boils down to "It's not FAAAAAAIR!") isn't.
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maninal2
Without knowledge action is useless
09:23 AM on 09/02/2011
You don't know anything about public education do you? You've never worked under school administration or the whims of a school board have you?
01:26 PM on 08/31/2011
Tenure was created so professors would have accademic freedom. K-12 doesn't need tenure. They need to be taught a structured program. Good teachers should be compensated. Bad teachers should not be shielded.
04:37 PM on 08/31/2011
Under tenure, bad teachers aren't shielded. Hard to figure out what you're actually complaining about, unless we assume that you didn't read, or didn't understand, the article you're responding to. It explained the situation pretty well.
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maninal2
Without knowledge action is useless
09:24 AM on 09/02/2011
The answers were 1) didn't read, 2) clearly didn't understand and 3) paid to post against teachers, tenure or public education regardless of the articles logic or premise.
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roaddawg31
11:40 AM on 09/02/2011
Bad teachers aren't shielded? Care to explain?
11:25 AM on 09/03/2011
Teaching is just one of those few professions where people think being an ex-student makes them experts. If you understood the nature of the classroom, you would understand that good teachers quickly learn that flexibility not structure defines k-12 classrooms. Every school, every classroom, every student is different. You can structure teaching but you can't structure learning. In a student-centered environment every teacher must be a risk-taker. Risk-takers need academic freedom. Academic freedom requires protection. Tenure offers that protection. Become a teacher and find out for yourself.