One of the
most debated proposals in Gov. Roy Barnes's A-Plus
Education Reform Act of 2000 involves teacher tenure.
Despite the fact that there are many compelling ideas
presented, and some alarming ones, Barnes's call for an
end to teacher tenure has received the most coverage and
created the strangest alliances as political players seek
to weigh in on the issue.
Most people view teacher
tenure as guaranteed employment following a period of
satisfactory performance in the classroom. Opponents tend
to think of tenure as job security regardless of
performance. Teachers know that what tenure really means
is the right to a fair hearing, or due process, prior to
dismissal from one's job.
The relevant Georgia codes,
20-2-211, 20-2-940 and 20-2-942 through 20-2-947, often
referred to as the Fair Dismissal Act, dictate the
circumstances in which a tenured teacher may be fired
with just cause and the procedures that must be followed
to bring about the separation.
After three consecutive
years of satisfactory employment with the same local
board of education, and upon signing a renewal contract
for a fourth year, a teacher earns the right to not be
demoted or terminated without just cause. Tenured
teachers can be fired for a variety of infractions listed
as "grounds for termination" in the code
section 20-2-940, such as willful neglect of duties,
incompetency, insubordination, or staff reductions due to
a drop in student enrollment or elimination of programs.
Non-tenured teachers may be
dismissed at any time after the initial contract with no
cause or explanation.
Is it more difficult to
fire a teacher with tenure?
Yes, in terms of the cost
and time.
In the long term though,
Georgians may find that an individual due process hearing
is far less complicated and expensive than utilizing the
judicial system to air grievances over wrongful
termination, which will be the only remedy left to
teachers who feel that they have been unfairly dismissed.
Judy Byrd, director of
human resources in the Fayette County school system,
believes that "Georgia will see teachers more open
to protection from teacher unions [through] collective
bargaining."
Many Georgians may find it
surprising that Georgia is a "right to work"
state and that participation in educator associations,
like the Georgia Association of Educators (GAE), is
strictly voluntary. There is no collective bargaining of
teacher contracts by big unions here, yet.
As for Fayette stats, Mrs.
Byrd reports that in the four years since relevant data
have been collected, three tenured teachers have been
fired. Eleven non-tenured teachers have been separated
from employment, with an additional average of seven
resignations each year when non-tenured teachers are
faced with the prospect of non-renewal. Mrs. Byrd says
she is "skeptical that, in the long run, abolishment
of tenure will improve education."
Organizations like GAE and
our local affiliate, the Fayette County Association of
Educators (FCAE), maintain that teachers will be employed
at the subjective will of administrators. George Davis,
FCAE president and a teacher at Booth Middle, fears that
loss of tenure will produce a working environment in
which "you are `safe' as long as they `like'
you."
Davis, who views teaching
as "both a science and an art," believes the
loss of job security will hinder creativity and
risk-taking in the classroom. He rebukes the notion that
education is a "cookie-cutter process." Davis
says that "teaching means making a connection
between each individual student and the teacher during
every class in every day."
Many parent opponents of
tenure argue that they are weary of innovations in
teaching which have failed. Many parents believe Barnes's
HB 1187 to be a step in the right direction. Yet, what if
there were teachers who agreed with those parents, but
because disavowing an educational product or methodology
would entail an unforeseen expense, they were fired
rather than heard?
Some in the corporate work
force view tenured security to be a vast departure from
what they would see in terms of their own jobs, and
believe that teachers should have to answer to the same
standards.
What are other opponents of
tenure saying? Ask Gov. Barnes. He says that he's tired
of excuses for why Georgians rank near the bottom
nationally in student performance on standardized tests.
He said in his state of the state address last week that
"good teachers don't need tenure, and bad teachers
don't deserve it."
Barnes blasted political
pundits for "spreading myths" about what his
education reform package will mean for Georgians. He has
weighed in heavily against anyone who remains reticent
about his sweeping plan.
Many parents, educators and
legislators, though, are tired of Barnes's rhetoric that
to take a stand against this bill means you are taking a
stand against improving education for Georgia's children.
Frankly, I'm tired of
Barnes and his power grabbing, solely appointed
authorities and agencies which seem to strip-mine the
very soil under our local feet. While he may be
well-intentioned in trying to rid Georgia's classrooms of
teaching mediocrity, he may be ridding Georgian
classrooms of teachers altogether.
His claim to pay for
quality in teaching is mostly lip service. He will spend
far more for his newly formed Office of Educational
Accountability in the long run, should HB 1187 pass, for
another bureaucratic monolith we do not need, and one,
incidentally, that is accountable to no one but the
governor himself.
Without tenure, and all pay
incentives being tied to standardized test performance, I
don't see how underperforming schools are going to find
willing teachers.
Even in teaching
environments where children come to school ready to
learn, "a majority of new teachers leave the
profession by year five of their career due to
dissatisfaction and the inability to make an
impact," according to George Davis.
And where's the red herring
in all of this? Linda Schrenko, state school
superintendent and a long-time opponent of tenure and
status quo education, has sided with teachers in urging a
rewrite of HB 1187.
Despite the lashing from
fellow Republicans for what many view as political
suicide, Schrenko is aligning herself with the only group
with enough political power to put the brakes on Barnes's
runaway train.
Personally, any time a big
government initiative, some "all saving or all is
lost" sweeping reform, makes for such strange
bedfellows (like the World Trade Organization convention
in Seattle before Christmas and Linda Schrenko and tenure
proponents now), I have to line up on the side of
skepticism.
I believe that far greater
improvement can be achieved by the elimination of
teachers who teach out of their fields of expertise and a
rigorous program of national board certification.
I am loathe to say that I
favor a due process which might harbor someone who is
incompetent in the classroom, but I am more loathe to
favor the elimination of due process.






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