Kimmel's Take on Tenure and Evaluations

Bruce Kimmel is a former member of the Board of Education.  

Recent events in Norwalk highlight one of the more controversial and misunderstood issues in American Education: First off, the Board of Education terminated a tenured teacher, despite the absence of adequate documentation supporting the decision. Then, the Norwalk Federation of Teachers came to the defense of the fired employee. And finally, the local press, by reporting the case in a straightforward manner, made the union look like the bad guy defending an individual who, allegedly, is not very good at his job.

What invariably is drowned out and ultimately forgotten in these types of discussions – but fortunately came to the surface early on in this case – is the role of administrators and boards of education versus the legal responsibilities of unions. This distinction is important, especially in light of the national debate on tenure, test scores, and the evaluation of teachers.

Consider the following:

• Teachers are interviewed and hired by administrators and boards of education;
• Teacher training is the responsibility of school administrators;
• Observation of teachers is the responsibility of school administrators;
• Yearly evaluation of teachers is the responsibility of administrators;
• Conferring teacher tenure is the responsibility of administrators;
• Termination of teachers is the responsibility of administrators;
• Administrators are supposed to keep detailed records of these activities.

The last two bullet points are intertwined and of paramount importance. School administrators for years have argued that state laws, union contracts and well-paid union attorneys have made it nearly impossible to fire tenured teachers. This is, at best, simplistic and obscures the fact that many, if not most, administrators do not keep detailed records of their various interactions, both formal and informal, with teachers.

The problem usually begins when a teacher automatically receives tenure after a certain number of years on the job. In most cases, tenure decisions are based on end-of-year evaluations teachers receive, which, in turn, are based on observations over the course of the year. If these evaluations are positive, and they almost always are, it is difficult to deny tenure.

National statistics indicate that, whatever evaluation system is used, over ninety percent of teachers receive the coveted rank. This is the key issue – not tenure itself, but who gets it, and on what basis. The law requires a rigorous paper trail to justify a negative tenure decision. Absent that, it is relatively easy to overturn the decision. It should be noted that non-tenured teachers can be terminated fairly easily, though some record-keeping is still necessary by administrators.

After a teacher receives tenure, under the law he or she has certain due process rights

 that must be observed. The law does not prohibit school districts from terminating tenured teachers, but it does require a comprehensive paper trail. This record should be based on various aspects of teaching, such as curriculum implementation, classroom management skills, rapport with students, collegial relations and, of course, student achievement.

(The debate over using test scores and student achievement in tenure decisions is, in my opinion, kind of silly. There was never a serious prohibition against using this information; the problem was the absence of other types of data and records when making the crucial decision.)

As mentioned above, the Norwalk Federation of Teachers has come to the defense of the terminated middle school teacher. Thus, it is important to note an important legal responsibility of unions, apart from negotiating and enforcing contracts: The law requires unions to defend their members when state-mandated due process rights are allegedly violated. The fact is, the NFT has a legal obligation.

(Most school administrators, especially those working in schools and having direct contact with teachers, are required to earn tenure after a certain number of years. Once they have achieved this status, they, too, have certain due process rights under the law and are represented by their own union. Again, the problem is not tenure per se, but who receives it, and whether they truly deserve it based on the data.)

Administrators, not the NFT, are responsible for the sustained development of tenured and non-tenured teachers alike, and detailed records must always be maintained. This may seem burdensome, and some would argue that administrators have too much on their plates. But on the other hand, the most important resource of any school, excluding students, is its teaching staff and every effort should be made to improve its quality.

There is a certain irony here: Teachers are expected to have detailed records of each and every one of their students. These records need to be rigorous and precise, so that every teacher knows the strengths and weaknesses of each of his or her students. These records are often used to justify decisions related to promotion and retention. Teachers are also required to document various types of behavior that may impede learning or disrupt the classroom. Virtually all important decisions about students must be backed-up by detailed records. The same standard should apply to all important decisions about teachers.