A very interesting, long article in the Washington Post demonstrates how hard it is to determine whether a teacher “deserves” to be fired and raises important questions about teacher tenure.
I often point out that tenure in K-12 education is different from tenure in higher education. In higher education, a tenured professor has a job for life, unless he or she commits a felony or does something else that is truly heinous. By contrast, a teacher in K-12 with tenure has a guarantee of due process if the principal wants to fire him or her.
Critics say that due process–the right to see the evidence, to confront one’s accusers, and to have the case heard by an impartial hearing officer–is too burdensome and costly. It takes too long, and principals will leave a “bad” teacher in place rather than go through the trouble of gathering evidence to persuade an impartial arbitrator.
From the teacher’s perspective, the right to due process is precious. It means that they will be protected against a vindictive principal and will be protected against pedagogical fashion or community pressure to conform. With the recent proliferation of newly minted principals who have little or no teaching experience, teachers may feel an even greater need for protection. Experienced teachers, in particular, may resent the demands of the novice principal, who not only wants higher test scores, but looks at the veteran teacher as a drain on the school’s shrinking budget, as someone who might be replaced by two young teachers.
Think of the convergence of these three trends: One, lots of brand-new principals who are under pressure to raise scores to prove their worth; two, shrinking budgets; three, the spread of a concept called “fair student funding,” or “weighted student funding,” where each school’s budget is tied to the students in the school and the principal is given “autonomy” to make the most of a shrinking budget for the school. In these circumstances, the veteran teacher is viewed as too expensive rather than as a valued professional.
I cannot say whether this context shaped the trial of Fairfax teacher Violet Nichols. What does seem clear is that Nichols was out of step with the pedagogical ideas of her principal. The principal said her methods were obsolete. Nichols responded with evidence to the contrary. Was her dismissal in any way related to her role in the local teachers’ association? Virginia is hardly a state that coddles teachers’ unions or that gives strong tenure guarantees to teachers.
Does the trial prove that “bad” teachers have too much protection and can never be fired (the test scores of Nichols’ students were similar to those of other teachers in her building)? Does it prove that principals should have the power to fire teachers for any reason or no reason at all? Or does it show that teachers need a modicum of insulation from the pedagogical winds of the day?
What do you think?
Diane

I’ve thought for some time now that the term “tenure” should not be used in K-12 education. After a successful probationary period teachers should acquire the right to “Due Process”.
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What was the “effective” teaching method or program the teacher was required to follow?
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Read the story. She was accused of teaching the whole class and of not using technology enough. She did not agree.
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I read the long story. Usually, there will be a specific program or method with a change in teaching requirements. It is possible the school wanted to cut back on cost. This teacher’s salary could be used to replace her with two or three new teachers. I think we can expect more and more excuses to replace higher paid teachers since the businesses are taking over.
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In the story, there is mention that multiple union reps have been targeted. That seems hard to understand too.
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It is hard to understand what happened there. Usually you expect to see something like a change in administration, where a new principal does not appreciate an established teacher. Here the same administrators had given her glowing reviews earlier, and there’s no obvious reason for the abrupt change.
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Life’s not fair, but due process does provide a balance.
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How can anyone read that article and think that there was any justification for firing that teacher?
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Another point that I feel is important to bring up here is that VA is a right-to-work state that prohibits collective bargaining rights for teachers, and the term “teacher tenure” may not even exist. In union states, there are 2 sides (union/district) in negotiating contracts. In right to work states like TX, “The terms of employment are laid out in state law and school district policy, not in union-negotiated contracts.” No one ever uses the term “teacher tenure “in TX. Since VA is a right-to-work state like TX, their teacher contracts are set in a similar fashion.
Here’s a quote from the Teachers Association president, Angela Dews, in Richmond, VA:
“We’re called an association because we’re not really a union because we’re a right to work state. The translation is, we can’t strike and we don’t have collective bargaining rights. So, you have a teachers’ contract from year to year and in order to get salary increases or benefit increases, we ask. We can’t really sit at a table and bargain for what we get.”
What mystifies me about stories like Violet Nichols is that they are used by the “corporate reformers” to weaken the unions and get rid of teacher tenure. Like Diane pointed out, “Virginia is hardly a state that coddles teachers’ unions or that gives strong tenure guarantees to teachers.”
There is very little doubt in my mind that this teacher was targeted due to her higher salary and the need for budget cuts. I have seen these same methods used to force teachers to retire early here in TX. With more massive budget cuts coming our way, I fear that performance pay is just around the corner. Perry’s financial contributors definitely want it to happen.
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I believe that Indiana is also a right to work state. We are seeing the same kinds of situations described. My district is also thinking of making teachers and other staff work longer hours. They are debating whether or not we should be paid! IF so, at what rate? The question is should we be paid at what our hourly rate equates to or some arbitrary “flat rate”- that is if we are to be paid at all. So, if you happen to teach in a right to work state, you have the right to be forced to work for no pay. Really? Does anyone know of any other job or profession where you must be highly qualified (at your own expense) and then NOT be paid for the work that you are required to do? I know there are certainly laws on the books against this sort of thing, but how is it they don’t apply to teachers? I don’t know of any police force, fire department, government worker, office holder, garbage collector, dog catcher, parks worker or any other “public worker”, much less private sector worker who must work without pay. Do you?
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Living in a right to work state means just that. Faculty meetings can be as long and as often as the principal calls them. Late buses, you stay. Mandated workshops with no pay. You name it. If there is no negotiated contract in place….and the majority of the systems here, that is the case! Can’t put a right to work law here. We got it! I can remember when it was voted in, but don’t ask me the year, that has
slipped my mind. All this is true for teachers, that is!
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