Kenneth Bernstein recently retired as a social studies teacher. He is Nationally Board Certified. He blogs at The Daily Kos and elsewhere about education and other topics. He wrote for this blog in response to the discussion about tenure:
Tenure is nothing more than a guarantee of due process in disciplinary matters
It seems to me the people who complain about tenure for public school teachers have somewhat dictatorial powers. They are similar to those who complain that police and prosecutors are hamstrung by having to follow the provisions of the Bill of Rights when going after those accused of crimes.
We have a system of laws that provide for due process precisely because our Founders recognized that there must be some controls on those exercising power, ostensibly in the name of We, the People of the United States. They also recognized the danger of a mob mentality, which is why our system removed from being subject to simple majority rule things like our ability to worship or not worship in the religious sect of our choice, how we speak out politically, the ability of the press to act as our eyes and ears, and our ability to gather and organize for political and other purposes. These are all rights guaranteed in the First Amendment.
We have over the years expanded the Constitutional protections given people because of other kinds of discrimination we saw happening. Thus the 14th Amendment requires the equal protection of the laws.
“Tenure” for public school teachers does not prevent teachers from being dismissed for good cause, provided that administrators do their jobs properly. That would start with properly screening those who are hired, properly supervising them before they earn tenure, and documenting any incidents that might warrant disciplinary action after tenure is earned.
Remember, the disciplinary procedures are subject to state and federal laws where applicable, and the actual procedures are usually the result of negotiations between the school system administration/school board and the union on behalf of the teachers. That is, the procedures have been agreed to by both sides. That is a contractual agreement, requiring both sides to abide by the provisions thereof. Since the Dartmouth College case, contracts are generally accepted to be sacrosanct so long as they are not for illegal acts.
There is a certain mindset that does not like to have to deal with people who can legally exercise power against them. Unfortunately, we are seeing too many people in public life with this kind of mindset. Some wish to impose their religious values upon the rest of us, through law if possible, despite the restrictions of the First Amendment. Others wish to criminalize behavior they find offensive. Still others wish to tilt the legal system totally in the direction of those with monetary wealth, without requiring those of wealth to contribute to the society which made the accumulation and continuation of that wealth possible.
Teachers unions are an easy target. And if they can be broken, what is left of unionization in this country will be in serious jeopardy. That will affect all Americans economically: states with unions have higher incomes, and oh by the way their schools tend to perform better.
I may now be retired from the classroom, at least for now, but I not only believed in the importance of teachers unions, I served as the lead building rep for the teachers in my building, a school with a national reputation for excellence, precisely because I believe unions are necessary for economic and educational equity.
Most people working do not have tenure. This is a tough sell to the public.
Tenure is due process.
Why would most Americans oppose due process?
Shouldn’t be any harder than it was to persuade people that corporate shareholders’ and bond holders’ contracts are all holy and untouchable or that, say, Jon Corzine’s contract protects him from being indicted for theft. That’s really not much of an argument, that it’s a “tough sell” – other people don’t have the protections I’ve described for the rich. The necessary predicate for your argument – thus far unspoken – is that teachers should suffer along with the rest of of Americans, who are currently almost 50% of them below the poverty line. If you think that through, you’re either voicing a self hating, resigned point of view (in which case, you have my sympathies) or you’re just trolling (in which case you do not).
What a weak argument. I personally have heard this nonsense over and over: “I don’t have these protections so why should I support the fact that YOU have them?”
Well that’s like saying, I’m not healthy so you should not be healthy either.
I say to you, “Why don’t you have these protections? Why don’t you fight to have them? Where is YOUR will to fight for them?
Instead, you would begrudge me and all the people who have come before me who fought for them?” You obviously have no idea what the people who have fought for union protections have gotten for those of you who are not in unions. If you like working 40 hours a week or you enjoy paid holidays, you can thank a union worker from the past for standing up to employment conditions where people worked 7 days a week and worked shifts that lasted as long as a person could stay awake.
One of the biggest misconceptions that some people have about unions is that their contracts only protect union members. You forget that the “management” also negotiates for what it wants. Compromises are made on both sides. And here’s the biggest kick–both sides sign the contract, therefore, both sides must be happy with the compromises. There is no “big bad union” that strong-arms school districts into giving things the school district does not want to give up. What hogwash.
But getting back to the comments about what other people do not have…your arguments make very little sense. Why not fight for what you don’t have instead of complaining that others have it. Isn’t that what the uber-rich say about the poor?
“They just didn’t work hard enough to be rich like us so why begrudge us of our tax breaks?”
Why is it ok to use this argument if you are wealthy, but it’s not ok to use this argument if you are middle class or poor? If you want to talk about entitlements, how about tax breaks for the wealthy? How about charity schemes and off-shore bank accounts to hide money, all of which are “legal?” The laws protect all sorts of chicanery among those with the most money, power, and influence, but when the middle class or poor have legal rights to employment protections or programs that help them to stay alive, you would begrudge them?
Take the initiative and stand up for what you don’t have, but don’t begrudge me of something that makes it possible for me to live in or near the community in which I work. Without these protections, you would not have me or any other good teachers in the profession. Apparently, having a dedicated, qualified, and quality staff teaching the public means nothing to you. It seems that only “what you don’t have” is important.
I agree that teachers need unions and protection from wrongful firing.
I do not agree with someone being able to show up a half an hour after school starts while clearly hung over and have 100% job security. Mean while I’m not certain to have a job a month from now because I do freelance work. If I did something like that, I would be rightfully fired.
I think it’s possible to protect hardworking teachers while fixing the system so it can’t be abused by the few people who don’t actually teach.
“I do not agree with someone being able to show up a half an hour after school starts while clearly hung over and have 100% job security. Mean while I’m not certain to have a job a month from now because I do freelance work. If I did something like that, I would be rightfully fired.”
Who shows up for work a half hour late while clearly hung over?
No teacher has 100% job security. Anyone who makes such a statement obviously does not know how this system works.
If any teacher did what you claim “is protected” and said actions were proven, it is pretty difficult to make a case for there being no consequence since that is clearly behavior unbecoming of a professional. If you think that unions protect drunks with punctuality issues, think again. School districts have the right to bring any tenured teacher up on tenure charges, and school districts have the right to dismiss anyone proven to be in violation of the contract. Unions help protect the member’s right to a day in court–they do not “strong-arm” school districts into allowing unprofessional behavior. That point-of-view is laced with nonsense-laden untruths. If a school system is harboring employees that show up intoxicated at work with no consequence, that is the fault of management, not the union.
First, what’s being discussed here is a misnomer. Tenure is due process and should be renamed as such. Look up ‘tenure.’
Secondly, tenure is being incorrectly defined as “a job for life.” Look up ‘due process.’
Finally, there’s nothing to sell to the public other than the intentionaly misconstructed arguements that imply such ideas need to be sold in the first place. I perceive most working Americans would agree with fairness and truth, which are in fact, the foundations of due process.
Tenure is not what you think or have been led to believe. It is access to due process–to have the reasons for your dismissal described and explained and justified. It should be a right guaranteed to every worker.
Every American working or not is protected by the constitution of the United States and by additional state and local laws. Tenure is no different. Did you not read the article? It’s an easy sell to the public who do not want to be taken directly to prison with no trial based on a false accusation. It’s really that simple, not too surprised you don’t get it.
“Tenure” is under attack because anything which is good for working stiffs is bad for the lying thieving robber baron 1%. Duh.
After decades of gross political incompetence by Democratic party ‘leaders’, or, just deliberate sell outs, we teachers are one the last groups of workign stiffs standing who kind of have some inkling of middle class security. Of course we’re targets. Sadly, tragically, and stupidly, our national and state union leaders are busily regurgitating right wing memes on policy, when they’re not implementing right wing venality.
In the heat of the POTUS election season, where Lessor Of Two Evils! is the main banner too many of might rally under, it is common for me to hear out here in Wishy-Warshy Seattle how the mean meanies are mean, and how our nobler, selflesser, gooderer, smarterer “leaders” are betterer. When I comment that our union’s actions remind of the Mondale, Dukakis, Gore and Kerry campaigns, I’m constantly challenged – ‘what would you do?!’
Ummm… on messaging and tactics, beats me. I wasn’t hired to beat lying thieves. If the venal can succeed at lying to rip off the bottom 80%++ of us, why isn’t it possible to craft messaging and tactics to not only stop the thieves, but to beat the thieves? I would fire all the people disgracing the name of “leader”, and their messaging incompetents, who’ve been born into relative affluence, tempered by right wing memes on conciliation, disciplined by right wing definitions of compromise, and are proud of their success in the dilettate salons stuffed with political lo$er$.
Ask me not what I can do to fix incompetent ‘leaders’, ask how we can get rid of them…
(pst – STOP supporting them is 1 step!)
rmm
I think we need to stop using the word tenure all together because it is the wrong word to use and is confusing. We need to start using the word continuing contract. Or maybe something better.
IF the right wing liars are using “tenure”, then the word is not one we should use. they put a lot of work into figuring which of their evil buzz words will do the most evil. too bad so many in the teacher’s unions and in the democratic party haven’t yet learned this lesson. rmm.
Tenure is basic to due process, but there is more to tenure than that.
Tenure is basic to academic freedom, and academic freedom is basic to the discovery and communication of truth.
The discovery and communication of truth is basic to the survival of civilization, humanity, and the planet.
Not that I would have anyone sweat the small stuff …
Actually, you are missing ‘the small stuff’, only the small stuff is really Big Toys – Big Yachts, Big Mansions, Big Jets, Big Cars, Big Junkets, Big Vices, Big Cadres of Catch Farts and Doormats… and the venal, lying, thieving Big Shots who covet Big Toys don’t give a frack about big ideas like ‘academic freedom’ or ‘civilization’ or ‘humanity’ – until those big ideas interfere with their acquisition of Big Toys.
Ken,
Beautiful piece. Succient and completely accurate. If only the common media would report from such an unbiased/true standpoint. They too are perpetuting this issue which not only undermines the truth in general, but acts as the curtain for the reformers/politicians to pull the levers and flick the switches while standing behind it.
Henry C Hale, NBCT
a belated thanks for your comment
Tenure is not necessary. I subbed for many years. The teachers without lesson plans, discipline management and general information were tenured. The young teachers who had not earned their tenure yet, still had some work ethic. I skipped the tenure track, and work as an independent parochial school consultant. I don’t receive tenure. I earn a paycheck.
“I don’t receive tenure. I earn a paycheck.”
I’m sorry to hear that. We professional teacher union thugs with tenure don’t have to do a damn thing to receive our paychecks. What a fool you are for “earning” a paycheck when you could have made it a lot easier on yourself by following the mighty union rules and got that tenure. Paraphrasing Blazing Saddles “Work ethic, we don’t need no stinkin work ethic”.
Your type couldn’t handle a public school classroom of straight “A” students for more than ten minutes without getting all bent out of shape. No me moleste, mosquito Eddie.
Eddie, your remarks are so wrong, so off base, so biased, so false, so unfair it is jawdropping. Any teacher who did not have adequate lesson plans, discipline management would be roasted, toasted and seriously reprimanded by the principal. The principal would write up such a teacher. Veteran teachers are absolutely conscientious with their lesson plans, they write detailed lesson plans for the whole week and in most schools are required to have an emergency packet of back up lesson plans and back up activities in case of an emergency (car accident, pneumonia, the flu, burst appendix, etc.). Just great, another “educational expert” demonizes, debases and insults veteran tenured teachers. Non tenure teachers are great while tenured teachers are the scum of the earth but thanks for all your years of service as we kick you in the face. There is a war against all public school teachers but especially, it seems, against those evil veteran tenured teachers.
I didn’t receive tenure, either. I EARNED it. And I work myself to death constantly, year in and year out. I’m just grateful for tenure (or, as it’s called in my state, “career status,”) because then I can teach without looking over my shoulder, afraid that the principal will find some stupid reason to fire me. This happened to a lot of teachers at my previous school, and I, for one, am grateful that I had some protection from a vindictive administration. Otherwise, my career would have been toast, simply because I refused to play along with the constant bullying in that school.
Jennifer,
“. . . simply because I refused to play along with the constant bullying in that school.”
Man, the thought that we teachers are “bullied” popped into my mind as I walked around the school yesterday and saw “don’t bully, report bullying” signs everywhere. And we have to watch an anti bullying video put out by the district’s insurance provider (only seen it or a similar version about 15 years in a row). We also have an anti-bully hotline for students and one they can access via text messaging.
Maybe I should call the hotline and report the administrative bullying that goes on in the form of mandates to do this, that and anything else that suits their current mind frame, all without consulting the teachers to see if it is viable/feasible/workable-you know one size fits all and everyone has to do the bullshit whether it’ll work in your class or not. It really is a form of bullying. Hell, my principal stated that he thought I’d be better suited to teach at the university level with my way of thinking. What a not so subtle hint that he’d like to see me gone so he doesn’t have to deal with my “impertinent” questions, not to mention being able to bring in a younger, less costly teacher. Can they say age discrimination lawsuit????
Momwithabrain’s comments about tenure echo exactly Chris Christie’s comments about tenure. The private sector doesn’t have tenure so why should teachers, the private sector does not have defined benefit pensions so why should teachers, the private sector does not have health benefits so why should teachers, blah, blah, blah and so on ad nauseam. Teachers fought for their rights and benefits over many years, they stood up on their hind legs, so to speak, and fought for better working conditions, unions made this possible. Instead of complaining about teachers’ benefits, why don’t the folks in the private sector look for better paying jobs or look to form unions to fight for their benefits? Eliminating tenure will not improve education nor will it improve the lot of private sector workers but it might improve the schadenfreude quotient.
I wonder how the public would feel if this conversation were about policemen and firemen? These men and women, also public servants being paid with tax dollars, are unionized. Do they not have due process rights? I have often wondered, though, if these so-called reformers end up getting their way who will be next?
Thank you, Dr. Ravitch, for continuing to bring to the forefront major issues in education, resulting in people thinking about the implications.
Where I live this very thing is happening. Our governor would like to abolish all collective bargaining and may get help doing that in the next election. The public here does not seem to care, the press presents them as overpaid untrustworthy public pariahs. They can retire after 15 years after all. Never mind that fifteen years of eating smoke has cut years off of your life, they think you should retire at your funeral.
Anyone have suggestions on how to combat Steven Wright’s on the posting about the anti union ballot measure being looked at by a board bought and sold by the Broad’s etc. http://www.facebook.com/#!/groups/dc4publicedu/
And the battle goes on…Read this editorial in the Chicago Tribune today.
http://www.chicagotribune.com/news/opinion/editorials/ct-edit-schools-0823-jm-20120823,0,1473834.story
Even an alleged violator of a law has more rights than a teacher who doesn’t have tenure. I see that right as due process. Teachers fought for the right to due process. Why should that right be taken away because there are those that can’t and won’t look the word up in the dictionary?
I am so tired of the teacher seniority / LIFO debates and tenure criticism. These arguments are so freaking redundant and and tedious. Enough already. I wrote about both on my blog Does Experience Count? Three part piece on Tenure.
I do not know how to make these links live on someone else’s blog: http://doesexperiencecount.wordpress.com/2010/11/16/a-question-of-tenure-part-one/
http://doesexperiencecount.wordpress.com/2011/05/26/lifo/
Never mind–they livened up all by themselves. Cool.
Tenure allows me to advocate for my students minus the fear of being fired without due process. Speaking-up on behalf of students can put a teacher at odds with their principal, supervisor, etc.
In my experience as a teacher, I have seen tenured and untenured teachers get fired because of poor teaching.
The teacher-tenure controversy has been contrived to weaken and control public education.
We need to all stop calling it “tenure”. It is not. It is permanent status and a right to due process. Highly Democratic. But in the public’s eyes, tenure = not ever being fired. We all need to stop calling it tenure since it is not really tenure, and then maybe perceptions might start to change.