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Teacher Tenure Laws Ruled Unconstitutional In California

An anonymous reader writes "Tenure laws one of the most controversial aspects of education reform, and now the tide seems to be turning against them. A California judge has handed down a ruling that such laws are unconstitutional, depriving students of an education by sometimes securing positions held by bad teachers. The judge said, "Substantial evidence presented makes it clear to this court that the challenged statutes disproportionately affect poor and/or minority students. The evidence is compelling. Indeed, it shocks the conscience." The plaintiff's case was that "California's current laws make it impossible to get rid of the system's numerous low-performing and incompetent teachers; that seniority rules requiring the newest teachers to be laid off first were harmful; and that granting tenure to teachers after only two years on the job was farcical, offering far too little time for a fair assessment of their skills." This is a precedent-setting case, and there will likely be many similar cases around the country as tenure is challenged with this new ammunition."

16 of 519 comments (clear)

  1. Good by Anonymous Coward · · Score: 5, Insightful

    Tenure exists to ensure that professors can pursue unpopular lines of inquiry without being troubled by university politics. It makes no sense in primary or secondary education.

    1. Re:Good by SydShamino · · Score: 4, Insightful

      I think you woefully underestimate the office politics in primary school administration. There are far too many administrators who want to micromanage their teachers and/or suck up to parents. And the "unpopular" part is telling parents that it's their fault - or their kid's fault - that he or she got a bad grade, especially when that parent can march into the office and complain to the principal thereafter.

      It's not exactly the same as at college, but the pressures are there. The process to get rid of bad teachers needs to be objective, and merely eliminating tenure to restore "fire at will" will be nothing of the sort.

      --
      It doesn't hurt to be nice.
  2. Re:You make it... by Noah+Haders · · Score: 5, Insightful

    this is the best news to happen to k-12 education in a long time.

    some background facts. primary school tenure was first designed as part of the progressive movement in the early 1900s. At the time a teaching position was a super sweet patronage position that a politician awarded his friends. teachers didn't actually do anything, and were replaced when the next pol came in. Nobody was learning!

    one of the successes of the progressive movement was to make a professional class of primary school teachers who were insulated from political fortunes and were professionally schooled in the art of teaching. This was accomplished through employment contracts that made it really hard to fire teachers.

    but the reasons that necessitated tenure are long gone, and all teachers are protected under the standard laws for hiring and firing, which cover us all. They also have a strong union that will ensure protections. So there's no need for special laws that give teachers more advantages than everybody else at the expense of their students.

  3. Re:Finally! by paiute · · Score: 5, Insightful

    Goodbye Lousy Teacher's!

    Goodbye Older, Higher-Paid Teachers!

    --
    If Slashdot were chemistry it would look like this:Cadaverine
  4. Re:You make it... by Anonymous Coward · · Score: 5, Insightful

    In every job I've ever held (IT and later engineering), I've seen employees abused by management. The employees ranged from bad to mediocre to great.

    Unpaid OT (as non-exempt), unpaid on-call time 24/7/365, vacation blackouts with a use-it-or-lose-it policy, reprimands for not completing insane workloads and salary / promotion denial are some of the ways in which I have personally witnessed management abusing employees. Some of these things not only happened to myself, but the majority of my coworkers at 4 separate mid to large organizations.

    You will not normally win a lawsuit against your employer with the current labor laws. They will get away with abuse after abuse until something changes.

    These corporations thrive through abusing the working class. Stop defending this behavior.

  5. Re:I'm actually not sure it makes much sense at al by SydShamino · · Score: 4, Insightful

    My old professors who had retired from research were the best I had. The younger ones were all too focused on their research ("other job") to be an effective instructor. The older ones still taught because they loved to teach and it really showed in their classes.

    --
    It doesn't hurt to be nice.
  6. Bad Comparison by twistedcubic · · Score: 4, Insightful

    Your example shows that if a knowledgable person takes a single student under their wing, the student might thrive. Now, imagine yourself in front of a classroom full of 30 students, most of whom are totally uninterested in your field. Do you have the same amount of time to commit to that one student who is really interested? You can't compare yourself to "bad" teachers, for you might be a bad teacher yourself under the same circumstances. Anyone can be a great teacher to one bright, really interested student.

  7. Re:You make it... by fustakrakich · · Score: 4, Insightful

    The abuses go both ways.

    No, the abuse is always top down. The more power, the more abuse. And why should we have to go to court for every damn thing? That's half the problem anyway, write crappy rules and let the courts "fix" it. Damn lawyers have more clout than anybody... well, after accountants..

    --
    “He’s not deformed, he’s just drunk!”
  8. Re:You make it... by Cryacin · · Score: 5, Insightful

    I love hearing the terms "protected by US employment law". It sounds akin to "protected from flame thrower by first dousing one self with canister of petrol".

    --
    Science advances one funeral at a time- Max Planck
  9. Strict government control is not good by Camael · · Score: 4, Insightful

    Seems to me that strict government control over government funded education (i.e. public schools) is legitimate. I await your argument as to why it's not.

    Bear in mind, I'm advocating loose government control instead of strict and not complete lack of control.

    1. Strict controls increase the administrative costs of having to comply with the rules and regulations. For every requirement dreamed of by bureaucrats, someone has to see to it that the requirement is met. This will unnecessarily inflate the budgets of schools, some of which are already operating on a shoestring.

    2. Strict controls distract the teachers from doing what they should be doing- educating students. I'd rather the teachers concentrate on how to improve their students' understanding of their lessons rather than be fixated on whether or not they have fulfilled their quota of hours spent teaching, etc.

    3. Strict controls in the form of standardized curricula, teaching methods and tests stifle creativity and innovation. If we accept that all humans are unique and different, why do we apply a one-size-fits-all approach to educating students? And if we search our memories of our most highly regarded teachers, it is often the case that said teacher went above and beyond the standard teaching methods to teach the students.

    4. Strict controls disempower the teachers from exercising their discretion and choosing the most effective means to educate their students. There is obviously a big difference between how you would teach a class of students from a privileged background as compared to say students from a ghetto neighbourhood who may be distrustful of authority.

    These are some points just off the top of my head. I will grant you that there are many horror stories of lazy teachers, corrupt school administrators etc in the education system, but the better approach would be to remove these people rather than introduce more rules and regulations to try and control their behaviour.

    1. Re:Strict government control is not good by John+Jorsett · · Score: 5, Insightful

      Seems to me that strict government control over government funded education (i.e. public schools) is legitimate. I await your argument as to why it's not.

      Bear in mind, I'm advocating loose government control instead of strict and not complete lack of control.

      When you say "loose government control", some people hear, "anarchy". Just like when you say, "lower taxes", they hear, "elimination of all taxation". No intermediate states are contemplated, or even considered possible.

  10. Re:You make it... by twistedcubic · · Score: 4, Insightful

    Of course, now the best teachers will flock to the poorest schools since they no longer have job security. It's about time! I refuse to work for any Wall Street firm which gives year-end bonuses. How can you attract the best and brightest by making the job more attractive? That's insane.

  11. Re:You make it... by dentin · · Score: 4, Insightful

    While I can at some level understand refusing dropouts, refusing GED graduates is stupid. The GED is basically the outer 'catch' block of the primary school system, and without it, there's no legitimate way to get a diploma if you have unusual circumstances. The fact that some kids use it to 'escape' primary school should tell you that there's either a problem with primary schooling, or that the GED process isn't sufficiently strong - but in both cases, the solution to the problem is NOT to make the GED worthless.

    --
    Alter Aeon Multiclass MUD - http://www.alteraeon.com
  12. mixed bag by Rutulian · · Score: 5, Insightful

    Tenure is a mixed bag. Yes, it can protect bad teachers, but it also...
          1) Protects experienced senior teachers. You might not think this is important, but guess what? Older, experienced teachers are generally more expensive and have more political influence. Hip new administrator comes in, wants to to change things up, slim down the budget. Get rid of the older teachers first beacuse the younger are cheaper and easier to control.
          2) Protects good teachers. You know the ones that actually teach and care about education, and don't just give A's to everyone for showing up and sitting at their desk. Actual teaching and enforcing academic standards tends to upset certain kinds of parents. Administrators don't like vocal and upset parents.
          3) Protects teachers that push against the administration. Not teaching to the test, enriching the curriculum, doing what might be considered risky things by some ( lab experiments, field trips, etc). Administration often doesn't want this, because it creates headaches for them, but teachers want it because it enhances the education of their students.
          4) In areas with strong influence by outside political groups, protects teachers that teach controversial subjects. Science vs. creationism is one example, but certainly not the only one. History, economics, literature, art...all of these can have controversial topics. Of course, we don't really teach these anymore, but that is a different topic.

    Whether or not tenure exists and how it is granted is really missing the point. If you want to improve the quality of teachers, we need to be looking at the evaluation systems that are in place, whether they exist, and why they may or may not be working. Most teachers simply are never evaluated ever, or they are evaluated in completely useless ways. Address that, and then maybe we can deal more easily with underperforming teachers, adjusting the tenure rules as necessary but keeping its major benefits.

  13. Re:You make it... by Darinbob · · Score: 4, Insightful

    Teacher tenure, at least when I had family members who were teachers, was not the same as university tenure where you can't be fired. There was always a chance to be fired if you screwed up. Early stages of tenure meant you didn't have to renegotiate your contract every year or wait until just before the school year starts to find out if you still have your job (at which point it's too late to find a teaching job at another school or district).

  14. Re:You make it... by Anonymous Coward · · Score: 5, Insightful

    Teachers should be aggressively recruited the same way Google

    Oh god please no.

    I want to be taught by someone who can teach, not someone who can solve stupid undergrad engineering puzzles.

    My best school teachers were a geography grad who'd spent his previous working life as a Yorkshire miner (and geography was the least interesting subject he taught), one socially retarded biology PhD who lived with his mother but couldn't have had a better combination of discipline and enthusiasm, and one conservative ex-Cambridge tutor who stank of BO and pounded his fist on the desk at regular intervals with a passion that sometimes built up to throwing a chair across the room, but fuck me did he know and love his stuff and gave you infinite one-to-one time as needed. These are the sort of people who won't ace any stupid technical interview made by young upstarts for young upstarts, but start the game with a lot of knowledge and experience and spend decades perfecting the art of teaching.