POLICY
PILLAR

Elevate Teaching

Category: Use Evaluations for Personnel Decisions

OBJECTIVE

Tenure Attainment & Maintenance

Eliminate or reform tenure in K-12 education by requiring tenure attainment and maintenance to be based on consistent effectiveness.

Score Distribution

Objective Evaluation Rubric

4

The state requires more than 3 years of service to attain tenure and requires attainment to be based on performance standards; tenure is revocable and standards and process for dismissal due to ineffectiveness are reformed. -Or- No tenure system.

3

The state requires 3 or more years of service to attain tenure and requires attainment to be based on performance standards; tenure is revocable based on performance.

2

The state requires 3 or more years of service to attain tenure and requires attainment to be based on performance standards.

1

The state requires 3 or more years of service to attain tenure but does not require attainment to be based on performance standards.

0

The state allows tenure to be attained in less than 3 years and does not require attainment to be based on performance standards.

State Score (0-4) State Policy Objective Assessment Statute/Bill
Alabama

1

Alabama offers tenure to teachers who have completed a probationary period of three complete and consecutive years of teaching; attaining tenure is not contingent upon performance standards. The guidelines for revoking tenure are not outlined in the Students First Act of 2011, and dismissal of tenured teachers include the following: "a justifiable decrease in the number of positions or for incompetency, insubordination, neglect of duty, immorality, failure to perform duties in a satisfactory manner, or other good and just cause." To improve teacher tenure practices in Alabama, the state should continue to require a minimum of a full three-year probationary period, but reform the criteria for attaining tenure to be based on effective performance as measured predominantly by student academic growth, include guidelines for revoking tenure for those teachers who are consistently ineffective, as measured predominantly by student academic growth, require that the more than three years of service is required before granting tenure, and ensure dismissal standards for tenured teachers are reformed, so that any teacher who is evaluated to be consistently ineffective is dismissed in a streamlined way that does not drain local or state resources and follows due process laws.

Ala. Code § 16-24c-1 (2012).

Alaska

1

Alaska requires a probationary period after of three full years of teaching. After this three year probationary period, tenure will be granted after "an evaluation under the district's evaluation system stating that the teacher's performance meets the district performance standards." However, because Alaska's teacher evaluation policy is not linked to significant measures of student growth, tenure is essentially attained automatically after three years and is not based on performance. To ensure effective teachers are recognized and retained, Alaska should require that tenure is attained after a probationary period of at least four years, and that attainment of tenure is based on performance, as measured primarily by student growth, based on objective measures. Additionally, the state should establish clear guidelines for revoking tenure based on ineffective performance and outline a clear dismissal process for ineffective teachers.

Alaska Stat. § 14.20.150 (2012).

Arizona

3

Arizona requires at least three years of service before a teacher is eligible for continuing contracts. Teachers may not receive a multiyear contract if they are not rated in the highest performance tier, but there is no requirement that high performance be consistent over a period of years. Certificated teachers may be dismissed due to ineffectiveness.

Ariz. Rev. Stat. Ann. § 15-203 (2012).

Ariz. Rev. Stat. Ann. §536 (2012).

Ariz. Rev. Stat. Ann. §537 (2012).

Ariz. Rev. Stat. Ann. §539 (2012).

Arkansas

1

Arkansas requires teachers to spend three years (or four years in some cases) in probationary status before gaining non-probationary status, but the decision of what criteria to use when promoting teachers to non-probationary status is decided upon by each district. To ensure that effective teachers are recognized and retained, Arkansas should make teacher effectiveness a statewide criterion for promotion to non-probationary status. Additionally, Arkansas should increase the probationary period for all teachers to at least four years, establish clear guidelines for revoking non-probationary status for those teachers who are ineffective, while also dismissing tenured teachers for consistent ineffectiveness.

Ark. Code Ann. § 6-17-1502 (2012).

California

0

In California, an employee can attain permanent, or tenure, status by working for a district with an average daily attendance of 250 or more students for three complete, consecutive school years. Additionally, at the discretion of the local school board, an employee can attain tenure in just two consecutive school years if he or she is employed in a district with an average daily attendance of 60,000 or more. California does not require attainment of tenure to be based on performance, as assessed primarily by objective measures of student academic growth. To ensure that effective teachers are recognized and retained, California should require teachers to serve a probationary period of at least 4 consecutive years, and require that attaining tenure be based on performance standards that are assessed primarily by objective measures of student academic growth. Additionally, California should establish clear guidelines for revoking tenure based on consistent ineffective performance, while establishing clear guidelines for dismissal procedures for tenured teachers that aligns with these rigorous performance standards.

Cal. Educ. Code § 44929.20 (West 2012).

Cal. Educ. Code § 44929.21 (West 2012).

Colorado

3

Colorado requires that teachers receive an effective rating for three consecutive years in order to gain non-probationary status. Non-probationary status may be revoked after two consecutive ratings of "ineffective." To further strengthen its efforts to recognize and retain effective teachers, Colorado should increase the probationary period for all teachers to at least four years.

Colo. Rev. Stat. § 22-63-203 (2012).

Connecticut

2

Beginning July 1, 2014, Connecticut will require a probationary period of forty school months or four years, before tenure is granted. Tenure attainment is based on evidence of effectiveness, as assessed by the state's performance standards. Additionally, a teacher with tenure will be subject to loss of tenure status and dismissal for cause, including incompetence or ineffectiveness, as determined by the state's new teacher evaluation. However, Connecticut's new teacher evaluation system does not significantly measure teacher effectiveness, assessed primarily by objective measures of student growth. Therefore, tenure attainment and revocation, as well as dismissal procedures, do not comprehensively consider teacher effectiveness. To ensure that Connecticut recognizes and retains effective educators, the state should award tenure based on performance as determined primarily by objective measures of student growth. Further, Connecticut should establish clear guidelines for revoking tenure and dismissing teachers with tenure using these same performance standards.

Conn. Gen. Stat. § 10-151 (2012)

(amended by 2012 Conn. Pub. Acts 12-116 (§ 57), effective 2014).

Delaware

2

Delaware requires that teachers serve a three year probationary period. To attain tenure, teachers must earn at least two years of "satisfactory" ratings in the "student improvement" component of their teacher appraisal process. Tenure is not revocable once these standards have been met. To ensure effective teachers are recognized and retained, Delaware should increase the probationary period before being considered for tenure to at least four years, and should establish clear guidelines for revoking tenure based on ineffective performance.

Del. Code Ann. tit. 14, § 1403 (2012).

District of Columbia

4

DC has effectively eliminated tenure. While regulations allow teachers to acquire permanent status after only a two-year probationary period, DCPS removes any teacher not demonstrating effectiveness after 2 years. Thus, probationary teachers that do not improve beyond minimally effective on their evaluation do not acquire permanent status. And any teacher who is ineffective for one year or minimally effective for two years may be dismissed, regardless of permanent or probationary status.

D.C. Mun. Regs. tit. 5E, § 1307 (2000).

Florida

4

Florida state law requires that annual contracts only be awarded based on performance standards, which are primarily tied to objective measures of student academic growth. A system of annual contracts has taken the place of tenure; in other words, Florida does not have a tenure system. To be awarded an annual contract, teachers must serve a probationary period of one year, not to exceed five years, in which the teacher does not receive any of the following: two annual performance evaluation ratings of "unsatisfactory," three consecutive annual performance evaluation ratings of "needs improvement," or a combination of "needs improvement" and "unsatisfactory" ratings in three years. Any individual who receives ratings as described during the probationary period will not be offered an annual contract.

Fla. Stat. § 1012.33(3) (2012)

Fla. Stat. § 1012.34 (2012).

Georgia

1

Georgia grants tenure upon a teacher's acceptance of a contract for a fourth year of service. Local school districts can enter into contracts with administrators for up to three years. The contract can only be terminated or suspended for the following reasons: incompetency; insubordination; willful neglect of duties; immorality; inciting, encouraging, or counseling students to violate state law or municipal ordinance, policy, or rule of the local board of education; to reduce staff due to loss of students or cancellation of programs; for failure to secure and maintain necessary educational training; or for any other good and sufficient cause. Georgia does not require tenure be attained or revoked based on performance at this time, but the state plans to use the new evaluation ratings to inform tenure decisions in the future. To ensure effective teachers are recognized and retained, Georgia should ensure that teachers serve a probationary period of at least 4 years, and that tenure attainment is based on effectiveness as assessed by performance standards that are tied primarily to objective measures of student academic growth. Additionally, Georgia should require tenure to be revocable based on ineffective performance, assessed by these same performance standards. Lastly, dismissal standards should be reformed so that ineffectiveness is addressed.

Ga. Code Ann. § 20-2-940 (2012).

Hawaii

2

Hawaii's tenure policy improved significantly in 2012. Under the new policy, teachers must teach for at least 3 years. Any probationary teacher who receives an ineffective rating or a marginal rating without improvement is dismissed. Teachers must earn two consecutive annual ratings of effective or better before being granted tenure. The state policy does not detail criteria for tenure revocation.

Haw. Rev. Stat. § 302A-608 (2011).

Haw. Rev. Stat. § 302A-609 (2011).

Recruitment, Employment, Retention and Terminaiton Policy.

Idaho

1

In 2011, Idaho passed innovative legislation through Senate Bill 1108, which encompassed strong evaluation systems and policies to support performance-based personnel decision-making. In November 2012, however, these reforms were repealed through the defeat of Proposition 1, a state ballot initiative. SB 1108 reformed the state tenure system from one that automatically granted and maintained tenure without consideration to performance to a system of annual contracts for all currently non-tenured and future teachers in Idaho. This forward-leaning provision was repealed with the defeat of Proposition 1, marking a significant step backward in Idaho’s efforts to increase teacher quality. The current legislation moves Idaho back to a system where teachers receive tenure after a three-year probationary period, and where tenure attainment and maintenance are not linked to effectiveness. To strengthen its efforts to increase teacher quality, Idaho must reform its current tenure system to grant tenure based on evidence of effectiveness after at least a four-year probationary period and establish clear guidelines for revoking tenure based on ineffectiveness. The state could also eliminate tenure entirely and return to a system of annual contracts as proposed under SB 1108.

Idaho Code Ann. § 33-515 (2012).

Illinois

3

Illinois requires three or more years of service to attain tenure and requires attainment to be based on performance standards. Tenure may be revocable based on performance, but is not required. To ensure effective teachers are recognized and retained, Illinois should establish clear guidelines around revoking tenure and dismissing "unsatisfactory" teachers.

105 Ill. Comp. Stat. 5/24-11(d) (2011).

Indiana

3

Indiana requires that maintenance of “professional,” or "tenure," teacher status be contingent on achievement as an “effective” or “highly effective” teacher for three or more years within a five year period. If a teacher does not meet these standards, he or she is classified as a "probationary" teacher. If a teacher receives two consecutive ratings of ineffective on his or her evaluation, tenure is revoked. Any teacher who was under contract before July 1, 2012 is automatically categorized as a professional teacher. Indiana also has clear dismissal procedures for ineffective teachers, both tenured and untenured. Grounds for dismissal include consistently ineffective performance, as assessed by either two consecutive ineffective designations or one ineffective designation or improvement necessary rating in three years of any five year period. To further strengthen Indiana's efforts in recognizing and retaining its effective teachers, the state should require all teachers to serve a probationary period of at least four years.

Ind. Code § 20-28-6-7.5 (2012).

Ind. Code § 20-28-7.5-1 (2012).

Iowa

1

Iowa requires teachers to serve a three-year probationary period before attaining tenure. Attainment of tenure is not required to be based on performance standards, as assessed by objective measures of student academic achievement. Further, tenure cannot be revoked and teachers cannot be dismissed because of ineffectiveness, as demonstrated by these same standards of performance. To ensure that Iowa is recognizing and retaining its best teachers, the state should require that tenure be attained and maintained based on performance standards that are assessed primarily by objective measures of student academic achievement. Iowa should also require more than three years of service before granting tenure. Lastly, the state should establish dismissal standards that address consistent ineffectiveness.

Iowa Code § 279.19 (2012).

Iowa Code § 279.27 (2012).

Iowa Code § 284.3 (2012).

Kansas

1

Kansas has a three year probationary period before teachers receive tenure, which is not tied to effectiveness. To ensure effective teachers are recognized and rewarded, Kansas needs to require tenure attainment be based on effectiveness, as assessed primarily by objective measures of student growth, and establish clear guidelines for revoking tenure based on these performance standards. Further, Kansas should increase the probationary period teachers must serve before being considered for tenure to at least four years.

Kan. Stat. Ann. § 72-1412 (2012).

Kan. Stat. Ann. § 72-5445 (2012).

Kentucky

1

Kentucky allows currently employed teachers to receive tenure after teaching for four consecutive years in the same district. Attainment of tenure is not based on performance. Further, tenured teachers who receive unsatisfactory performance evaluations have no clear process for revoking their tenure status nor for their dismissal. To ensure effective teachers are recognized and retained, Kentucky could eliminate its tenure system. Alternatively, the state could also require that tenure be attained based on performance standards that are informed primarily by objective measures of student growth and establish clear standards around revoking tenure and dismissing tenured teachers around these same performance standards.

Ky. Rev. Stat. Ann. § 161.740 (West 2012).

704 Ky. Admin. Regs. 3:345 (2012).

Louisiana

4

In 2012, Louisiana dramatically reformed tenure. For teachers who acquired tenure prior to September 2012, they retain their tenure without having to demonstrate performance prior to attainment. For all other teachers, tenure is only granted after a teacher receives five "highly effective" ratings within six years. Beginning in the 2013-2014 school year, a tenured teacher loses tenure after receiving an "ineffective" rating on his or her performance evaluation. Tenure can be reacquired through successful grievance or by demonstrating highly effective performance in five of the six years following the loss of tenure.

La. Rev. Stat. § 17:442 (2011).

Maine

1

Maine requires three years of service to attain tenure, but does not require attainment to be based on performance standards. To improve the tenure system, Maine should require that attainment of tenure be based on performance standards that are set primarily by objective measures of student academic achievement, establish clear guidelines for revoking tenure based on ineffective performance as assessed by these same performance standards, require more than three years of service before granting tenure, and establish dismissal standards that address ineffective performance as assessed by these same performance standards.

Me. Rev. Stat. Tit. 20-A § 13201 (2011).

Maryland

1

Maryland teachers can be granted tenure after three years in the classroom. Each school district may establish its own rules for tenure attainment. Maryland should require tenure to be earned based on consistent demonstrated effectiveness in the classroom. Further, tenure should be revocable based on demonstrated ineffectiveness.

Md. Code Ann., Educ. § 6-201 (West 2012).

Md. Code Ann., Educ. §6-202 (West 2012)

Md. Code Regs. 13A.07.09.06 (2012).

Massachusetts

1

Massachusetts states that teachers who have taught in a district for three consecutive years are entitled to tenure; further, teachers who have served at least one year in a school, at the recommendation of the school principal to the superintendent, may receive tenure as well. While failure to satisfy performance standards is listed as a reason for dismissal, Massachusetts does not require that tenured teachers be dismissed or have their tenure revoked due to ineffective performance, assessed significantly by student academic achievement. To ensure effective teachers are recognized and retained, Massachusetts should require that teachers serve a probationary period of at least four years, require that tenure be attained and revoked based on performance assessed primarily through objective measures of student growth, and establish clear guidelines for dismissal processes of tenured teachers that address ineffectiveness.

Mass. Gen. Laws ch. 71, § 41 (2012).

Mass. Gen. Laws ch. 71, § 42 (2012).

Michigan

4

Michigan state law requires a probationary period of 5 years; additionally, tenure is attained based on a proven record of effectiveness, as assessed by performance standards based primarily on objective measures of student academic growth. State law goes further to establish clear guidelines for revoking tenure based on ineffectiveness, as assessed through these same performance standards. Lastly, the dismissal process ensures that teachers who have received three consecutive ineffective evaluation ratings are dismissed.

Mich. Comp. Laws § 38.81 (2012).

Mich. Comp. Laws § 380.1249 (2012).

Minnesota

1

In Minnesota, new teachers are probationary the first three years and their annual contracts may or may not be renewed. After completing the probationary period without discharge, teachers are reemployed and receive tenure. State law also allows districts and unions to negotiate a plan for a probationary period of two years for teachers who are later employed by the board as principals. The state does not require that tenure be attained based on a record of effectiveness. To ensure that effective teachers are recognized and retained, Minnesota should require that tenure be based on performance standards, assessed primarily on objective measures of student academic achievement, and establish clear guidelines for revoking tenure based on ineffective performance assessed by these same performance standards. The state should also require more than three years of service before granting tenure and a dismissal process that addresses ineffective performance.

Minn. Stat. § 122A.40 (2012).

Mississippi

0

Mississippi confers permanent state employee status upon employees automatically after just twelve months, unless the employee exhibits good cause for dismissal. Attaining permanent status, or tenure, is not linked to performance standards. To ensure that effective teachers are recognized and rewarded, Mississippi must require that tenure be attained based on effectiveness, assessed primarily by objective measures of student growth. Additionally, it must establish clear guidelines for revoking tenure, based on these same standards of effectiveness. Lastly, Mississippi must increase the probationary period teacher must serve before being considered for tenure to at least four years.

Miss. Code Ann. § 25-9-127 (2012).

Missouri

1

Missouri allows teachers who have been employed in the same district for five years to obtain tenure on the first day of their sixth year of employment with that district. Tenured teachers are able to lose their status based on ineffectiveness or incompetency. In those instances, "special consideration" shall be given to regular evaluation reports, but there is no requirement that a teacher who receives an ineffective rating be exited from the system. In metropolitan areas, the same basic standards apply; however, the teacher can be removed only by a majority vote of the school board. To ensure that effective teachers are recognized and retained, Missouri should require that attaining tenure be based on performance standards, assessed primarily on objective measures of student academic achievement. In addition, the state should establish clear guidelines for revoking tenure or dismissing a teacher based upon records of consistent ineffective performance.

Mo. Rev. Stat. § 168.104 (2012).

Mo. Rev. Stat. § 168.114 (2012).

Mo. Rev. Stat. § 168.221 (2012).

Montana

1

In Montana, tenure is attained automatically after a three year probationary period. Neither tenure attainment nor revocation are based on any performance standards. In addition, there are no streamlined dismissal processes for tenured teachers aligned with performance standards. To ensure the most effective teachers are retained in the classroom, Montana should require tenure be attained based on performance standards, assessed primarily on objective measures of student growth. Montana should also establish clear policies for revoking tenure on these same performance standards, and establish dismissal processes for tenured teachers aligned to these same performance standards. Lastly, Montana should increase its probationary period to at least four years.

Mont. Code Ann. § 20-4-203 (2011).

Mont. Code Ann. § 20-4-204 (2011).

Mont. Code Ann. § 20-4-207 (2011).

Nebraska

1

Nebraska requires three years of service to attain tenure but does not require attainment to be based on performance standards. Tenure is granted automatically after the third successive contract. Additionally, grounds for dismissal do not include any reasons aligned to performance standards, nor are there any policies for revoking tenure based on performance. To ensure that effective teachers are recognized and retained, Nebraska should award tenure based on performance, assessed primarily by objective measures of student growth. Nebraska should also establish clear policies for revoking tenure based on performance, and reform its dismissal process for tenured teachers to align to these same performance standards. Lastly, Nebraska should increase its probationary period for teachers to at least four years.

Neb. Rev. Stat. § 79-1234 (2011).

Nevada

3

Nevada law requires that probationary teachers, or nontenured teachers, must serve a period of 3 years and receive two consecutive performance evaluation ratings of "effective" and/or "highly effective", in order to receive postprobationary- or tenured- status. Postprobationary teachers are at risk of losing this status if they receive an unsatisfactory performance rating for two consecutive years, in which case they will have to serve an additional probationary period. To strengthen its teacher quality and tenure policies, Nevada should increase the probationary period teachers serve before attaining tenure to at least four years, require that tenure be attained based on performance, assessed primarily by objective measures of student achievement, and establish clear dismissal standards that address ineffectiveness.

A.B. 225, 2011 Leg., 76th Sess., (Nev. 2011)

A.B. 229, 2011 Leg., 76th Sess. (Nev. 2011).

New Hampshire

1

Senate Bill 196 changed New Hampshire's length of service requirement for tenure from 3 to 5 years. The law does not require that tenure attainment be based on performance standards. To ensure effective teachers are recognized and retained, New Hampshire must require that tenure attainment be based on performance standards, assessed primarily by objective measures of student growth. Additionally, the state should require that tenure be revoked and teachers be dismissed based on consistent evidence of ineffectiveness.

N.H. Rev. Stat. Ann. § 189:14-a (2012).

New Jersey

4

For teachers employed after the 2012-2013 school year, New Jersey requires four years of service to attain tenure and requires attainment to be based on performance standards. For all teachers hired before the 2012-2013 school year, tenure is attained after three years of service without considering performance. Effective from the date of the law, tenure can be revoked for all teachers, regardless of their hiring date, after the tenured teacher receives two consecutive ineffective ratings. Charges to revoke tenure may be deferred where a teacher is rated "partially effective" in two consecutive evaluations or 'ineffective" one year and "partially effective" in the next. However, if the teacher is not rated at least "effective" in the following year, charges must be filed.

N.J. Stat. Ann. § 18A:28-5(a)-(b) (West 2012) (as amended by Assemb. Comm. Substitute, Assemb. 3060)

Assemb. Comm. Substitute, Assemb. 3060, 215th Leg., 1st Ann. Sess. (N.J. 2012) (creating a new statutory section).

New Mexico

1

New Mexico requires three years of service to attain tenure and does not require that tenure attainment be based on performance standards as assessed primarily by objective measures of student growth. New Mexico also does not revoke tenure status on performance standards, nor does it have clear dismissal procedures for tenured teachers based on these standards. To ensure effective teachers are recognized and retained, New Mexico should require that tenure attainment and revocation be based on performance, and establish clear dismissal policies for tenured teachers based on performance standards as well. Lastly, New Mexico should increase its probationary period to at least four years.

N.M. Stat. Ann. § 22-10A-24 (2012).

New York

1

In New York, teachers attain tenure virtually automatically after a probationary period of no more than three years. Tenured teachers who are rated ineffective for two consecutive years may be charged with incompetence and considered for termination through an expedited hearing process, but the tenure status itself is not contingent on maintaining a certain level of performance. To ensure that effective teachers are recognized and retained, New York should detail specific criteria that teachers must meet in order to earn tenure, including consistent evaluation ratings of effective or highly effective, and should extend the probationary period to at least four years.

N.Y. EDUC. LAW § 3012 (McKinney).

N.Y. EDUC. LAW § 3014 (McKinney).

North Carolina

1

North Carolina grants career status, or tenure, to teachers who have been employed by a North Carolina Public School system for four consecutive years. The local board convenes to vote whether or not to grant the eligible teacher tenure. The state does not require tenure attainment to be based on effective performance. To ensure effective teachers are recognized and retained, North Carolina should continue to require a four year probationary period, and require that tenure attainment be based on a record of effective performance, assessed primarily by objective measures of student growth. Additionally, the state should create clear guidelines for revoking tenure and dismissal procedures, based on a record of ineffective performance.

N.C. GEN. STAT. § 115C-325 (2011).

North Dakota

0

In North Dakota, tenure is linked to certification and is obtained after two years. State law is silent with respect to the length of teacher contracts; continued employment relies on continued certification. After the first two years, teachers receive five-year certifications; the process is effectively automatic and not tied to classroom effectiveness based on student growth. Poor performance is not a reason for revocation. To ensure the effective teachers are recognized and rewarded, North Dakota should mandate a minimum of 4-years before tenure is able to be earned, as well as require attainment to be based on effectiveness. Further, North Dakota should require that tenure be revoked based on ineffectiveness, and establish clear standards and process for dismissing teachers with tenure, based on ineffectiveness.

N.D. CENT. CODE §§ 15.1-15-02, -04 (2001).

Ohio

0

Ohio does not require that tenure be attained based on performance standards. While Ohio's evaluation system is based on multiple measures, primarily on objective measures of student academic growth, it is not explicitly required to be used as a factor for teachers attaining tenure. Teachers serve a probationary period of five years and then are granted tenure. Additionally, there are no clear guidelines regarding the revocation or dismissal processes for tenured teachers who have records of ineffective performance. To ensure effective teachers are recognized and rewarded, Ohio should require that the state's evaluation system be tied to the tenure attainment process, and establish clear guidelines for revoking tenure based off a record of ineffective performance. The state should also establish a dismissal process that addresses ineffective performance.

OHIO REV. CODE ANN. § 3319.11 (LexisNexis 2006).

Oklahoma

1

Oklahoma requires that teachers attain tenure based on their performance. The length of the probationary period before which teachers can be awarded tenure varies based on performance evaluations. Teachers under a continuing or temporary contract serve a three-year probationary period if they are rated "superior" two times within the probationary period and receive nothing lower than "effective" within that same time period. Teachers serve a four-year probationary period if they average a rating of at least "effective" and receive at least an "effective" rating for the last two years of the probationary period. Oklahoma did, however, create a loophole for tenure attainment; a teacher can be awarded tenure without having a record of effectiveness. A principal can petition the superintendent to grant a teacher tenure status, provided that the teacher has served at least a four-year probationary period in one school district. Oklahoma has clear dismissal processes for teachers who show a record of ineffectiveness, shown through evaluation ratings. This applies to both tenured and non-tenured teachers. While Oklahoma has a strong tenure attainment and revocation policies, the loophole around tenure attainment allows teachers who are not proven to be effective to acquire this status. In order to recognize, reward, and retain effective teachers, Oklahoma must take steps to address this loophole and require that only high performing teachers are awarded tenure.

OKLA. STAT. tit. 70, § 6-101.31, -101.32 (2012).

Oregon

1

Oregon requires a three year probationary period for all its teachers, after which the state offers the teacher a contract. Tenure is awarded without any required consideration to performance. Additionally, the state has no policies for revoking tenure based on performance standards either. While contracted teachers can be dismissed for several reasons, including inadequate performance, there is no meaningful link between the dismissal procedures and performance standards, nor does the state's teacher evaluation clearly establish dismissal procedures for those with ineffective ratings on their performance evaluations. To ensure that effective teachers are recognized and retained, Oregon must require tenure to be attained based on performance, assessed primarily by objective measures of student growth. Oregon must also require tenure to be revoked based on these same performance standards, and establish clear dismissal processes that are based on performance. Lastly, Oregon should increase its probationary period for teachers to at least four years.

OR. REV. STAT. § 342.815.

OR. REV. STAT. § 342.835.

OR. REV. STAT. § 342.865.

OR. REV. STAT. § 342.850.

Pennsylvania

1

Pennsylvania requires three years of satisfactory service to attain tenure, but does not explicitly require attainment to be based on performance standards, as assessed primarily on objective measures of student academic growth. The laws around tenure do not address requirements for maintaining or revoking tenure. To ensure effective teachers are recognized and retained, Pennsylvania should explicitly require, beyond the language of "satisfactorily completed three years of service," that attaining tenure be based on performance standards, as assessed primarily on objective measures of student academic growth. Additionally, the state should require a probationary period of at least four years before granting tenure, establish clear guidelines for revoking tenure based on same performance standards, and establish a dismissal process that addresses ineffective performance.

24 Pa. Cons. Stat. § 11-1121 (2012).

Rhode Island

2

Rhode Island grants tenure after three annual contracts within five successive years. While the state provides that the attainment of these contracts is not based on performance standards and is automatically continued unless there is cause for dismissal, the state Board of Education requires certification, which is necessary for continued employment, to be based on performance. Specifically, the state requires that for an initial certification to be renewed, the candidate must show evidence of three ratings of effective or highly effective. Alternatively, the initial certification will not be renewed if the candidate receives three ratings of ineffective. If a teacher successfully completes the initial certification period, the teacher receives a professional teaching certificate with a five-year term. A professional teaching certificate can be non-renewed, but only with five consecutive ineffective ratings; if the teacher receives at least one 'developing' rating during that five year period, the certificate is renewed with a professional development plan. Rhode Island could improve its score by allowing districts to revoke tenure or require that teachers lose their certification due to ineffectiveness within a shorter timeframe; the current timeframe allows a consistently low-performing teacher to maintain tenure and remain in the classroom.

R.I. Gen. Laws § 16-13-2 (2012).

R.I. Gen. Laws § 16-13-3 (2012)

South Carolina

0

South Carolina offers a continuing contract, or tenure, after a two year probationary period, where teachers have received an induction contract their first year and an annual contract their second year. The statewide teacher evaluation framework, ADEPT, requires that teachers perform well on a formal evaluation in order to move from one contract status to the next. South Carolina does not have tenure revocation policies or dismissal standards that are aligned to performance standards. To ensure effective teachers are retained, South Carolina must base rewarding tenure on performance standards that are based primarily on objective measures of student growth. Additionally, tenure must be revoked based on these same standards, and the dismissal process for tenured teachers must be reformed to include evidence of ineffectiveness.

S.C. Code Ann. § 59-26-40 (2011).

S.C. Code Ann. § 59-25-160 (2011).

South Dakota

1

South Dakota requires four years of service to attain tenure, but does not require attainment to be based on performance standards. Tenure is automatically awarded to teachers after four years, and there are no policies around revoking tenure based on performance standards. To ensure effective teachers are recognized and retained in the classroom, South Dakota should ensure that performance, assessed primarily by objective measures of student growth, is the basis for attaining and revoking tenure. Additionally the state should create clear dismissal standards for tenured teachers that are aligned to these same performance standards.

S.D. Codified Laws § 13-43-6.3 (2012).

S.D. Codified Laws § 13-43-5.2 (2012).

S.D. Codified Laws § 13-42-34 (2012).



Tennessee

4

Eligibility around tenure was reformed with SB1528 to require teachers to complete five years of experience instead of three years. To receive tenure, teachers must receive an overall effectiveness level of "above expectations" or "significantly above expectations" in their evaluation in the last two years of the probationary period. Once eligible, teachers are either recommended by the director of schools or non-renewed; provided, that the teacher cannot be continued in employment if tenure is not granted by the board of education. To retain tenure, teachers must be evaluated “at expectations” in their overall evaluations. If a teacher receives two consecutive years of evaluations demonstrating an overall performance effectiveness level of “below expectations” or “significantly below expectations,” the teacher is returned to probationary status until he or she has received two consecutive years of evaluations demonstrating an overall performance effectiveness level of “above expectations” or “significantly above expectations.” When a teacher who has returned to probationary status has received two consecutive years of evaluations demonstrating an overall performance effectiveness level of “above expectations” or “significantly above expectations,” the teacher is again eligible for tenure. The director of schools shall recommend that the teacher either receive tenure or non-renewed status; provided, that the teacher cannot be continued in employment if tenure is not granted by the Board of Education. Teachers who received tenure prior to July 1, 2011 are excluded from being returned to probationary status, but the law now includes a new definition of inefficiency, a reason of dismissal, that includes poor evaluations.

Tenn. Code Ann. § 49-5-503 (2012).

Tenn. Code Ann. § 49-5-504 (2012).

Texas

1

Texas requires three or more years of service to attain tenure, it but does not require attainment to be based on the teacher's performance. Likewise, tenure cannot be lost due to poor performance. To ensure effective teachers are recognized and retained, Texas should require that tenure attainment and maintenance be based on performance standards, based primarily on objective measures of student growth. Additionally, Texas should increase the probationary period all teachers must serve before being considered for tenure to at least four years.

Tex. Educ. Code Ann. § 21.153 (2011).

Tex. Educ. Code Ann. § 21.102 (2011).

Utah

1

Utah requires provisional educators to work for at least three years, on at least a half-time basis, to attain career educator status. Policies for revoking tenure are not clear, as is the case for dismissing teachers based on unsatisfactory performance. To ensure effective teachers are recognized and rewarded, Utah should require career educator status to be based on performance standards and to be revocable for ineffectiveness. Dismissal processes for tenured teachers should also be aligned to performance standards. Lastly, Utah should increase its probationary period to at least four years.

Utah Code Ann. § 53A-8a-201 (West 2012).

Utah Code Ann. § 53A-8a-402 (West 2012).

Utah Code Ann. § 53A-10-107 (West 2012)

Vermont

0

Vermont state law sets a probationary period for teachers at two years. Performance standards are not a basis for teachers moving from probationary to non-probationary status; the change in status is virtually automatic after two years of experience in a district. To ensure effective teachers are recognized and retained, Vermont should require at least a four year probationary period for all teachers, and base tenure attainment on proven effectiveness, as assessed by objective evidence of student growth. The state should also establish clear guidelines for revoking tenure and dismissing teachers with tenure, if there is consistent evidence of ineffectiveness.

Vt. Stat. Ann. tit. 16, § 1752 (2012)

Virginia

1

Virginia requires three years of service to attain tenure and requires attainment to be based on performance standards. However, the state does not require districts to factor in student growth as a significant portion of a teacher's overall rating. As a result, teachers in Virginia can attain tenure without demonstrating consistent effectiveness. To ensure effective teachers are recognized and retained, Virgina should require that tenure be awarded on the basis of consistently high performance and that tenure be revocable based on ineffectiveness. In order to implement this policy, Virginia must first adopt a statewide teacher evaluation system that is based on multiple measures, including student growth, and that uses at least a four-tiered rating of effectiveness.

Va. Code Ann. § 22.1-303 (2012)

Washington

1

Washington significantly improved its tenure system in 2012 by making tenure revocable for poor performance. Teachers on continuing contract who receive a two or below on their evaluation are placed on probation status and must improve to a rating of three to regain continuing contract status, or they are subject to termination. The new policy does not establish clear performance standards for attaining continuing contract status, however. Teachers must teach for at least three years, except that a superintendent may decide to grant a continuing contract to a teacher after two years in cases where a teacher is rated in the top two evaluation levels.

Wash. Rev. Code § 28A.405.220 (2012).

Wash. Rev. Code § 28A.405.100 (2012).

Wash. Rev. Code § 28A.405.120 (2012).

Wash. Rev. Code § 28A.405.130 (2012).

Wash. Rev. Code § 28A.415.023 (2012).



West Virginia

1

In West Virginia, teachers serve a three-year probationary period and then receive a continuing contract. The state does not consider teacher performance as a factor when granting a continuing contract or revoking tenure. To ensure effective teachers are recognized and rewarded, tenure attainment should be based on performance standards, tenure should be revocable, additional years of service should be required to attain tenure, and the state should have clear processes for dismissing ineffective teachers.

W. Va. Code § 18A-2-2 (2012).

W. Va. Code § 18A-2-6 (2012)

Wisconsin

1

Wisconsin requires three years of continuous probation, and in the fourth year of teaching in the same school system or school, teachers' employment shall be permanent. There is no consideration of performance in establishing tenure. In order to ensure effective teachers are recognized and retained, Wisconsin should ensure teachers serve a probationary period of at least four years before being considered to attain tenure, and attainment should be based on a record of effectiveness, assessed significantly by student academic growth. Additionally, the state should set clear policies around revoking tenure and dismissal procedures for all teachers, based on a record of ineffective performance.

Wis. Stat. § 118.23 (2012)

Wyoming

1

Wyoming recently reformed its tenure process to require attainment of tenured teachers to be based on satisfactory performance as assessed by its teacher evaluations. Additionally, the probationary period all teachers must serve is three years. This same legislation reformed Wyoming's teacher evaluations to be based, in part, on objective measures of student growth. Because Wyoming's evaluation system does not significantly weigh student growth as a factor in assessing a teacher's performance, districts do not have meaningful information on which to base tenure decisions. To ensure Wyoming is recognizing and retaining its effective teachers, it should increase its probationary period to be a minimum of four years and ensure that tenure decisions are based on meaningful evaluations of teacher performance. Additionally, the state should enable districts to revoke tenure based on demonstrated ineffectiveness.

Wyo. Stat. Ann. § 21-2-304, 21-3-110, 21-7-102 (2012). Wyo. Stat. Ann. § 21-7-104, -106 -110 (2012). Wyo. Stat. Ann. § 21-7-112 (2012). Wyo. Stat. Ann. § 21-7-113 (2012)

State Score (0-4) State Policy Objective Assessment Statute/Bill
District of Columbia

4

DC has effectively eliminated tenure. While regulations allow teachers to acquire permanent status after only a two-year probationary period, DCPS removes any teacher not demonstrating effectiveness after 2 years. Thus, probationary teachers that do not improve beyond minimally effective on their evaluation do not acquire permanent status. And any teacher who is ineffective for one year or minimally effective for two years may be dismissed, regardless of permanent or probationary status.

D.C. Mun. Regs. tit. 5E, § 1307 (2000).

Florida

4

Florida state law requires that annual contracts only be awarded based on performance standards, which are primarily tied to objective measures of student academic growth. A system of annual contracts has taken the place of tenure; in other words, Florida does not have a tenure system. To be awarded an annual contract, teachers must serve a probationary period of one year, not to exceed five years, in which the teacher does not receive any of the following: two annual performance evaluation ratings of "unsatisfactory," three consecutive annual performance evaluation ratings of "needs improvement," or a combination of "needs improvement" and "unsatisfactory" ratings in three years. Any individual who receives ratings as described during the probationary period will not be offered an annual contract.

Fla. Stat. § 1012.33(3) (2012)

Fla. Stat. § 1012.34 (2012).

Louisiana

4

In 2012, Louisiana dramatically reformed tenure. For teachers who acquired tenure prior to September 2012, they retain their tenure without having to demonstrate performance prior to attainment. For all other teachers, tenure is only granted after a teacher receives five "highly effective" ratings within six years. Beginning in the 2013-2014 school year, a tenured teacher loses tenure after receiving an "ineffective" rating on his or her performance evaluation. Tenure can be reacquired through successful grievance or by demonstrating highly effective performance in five of the six years following the loss of tenure.

La. Rev. Stat. § 17:442 (2011).

Michigan

4

Michigan state law requires a probationary period of 5 years; additionally, tenure is attained based on a proven record of effectiveness, as assessed by performance standards based primarily on objective measures of student academic growth. State law goes further to establish clear guidelines for revoking tenure based on ineffectiveness, as assessed through these same performance standards. Lastly, the dismissal process ensures that teachers who have received three consecutive ineffective evaluation ratings are dismissed.

Mich. Comp. Laws § 38.81 (2012).

Mich. Comp. Laws § 380.1249 (2012).

New Jersey

4

For teachers employed after the 2012-2013 school year, New Jersey requires four years of service to attain tenure and requires attainment to be based on performance standards. For all teachers hired before the 2012-2013 school year, tenure is attained after three years of service without considering performance. Effective from the date of the law, tenure can be revoked for all teachers, regardless of their hiring date, after the tenured teacher receives two consecutive ineffective ratings. Charges to revoke tenure may be deferred where a teacher is rated "partially effective" in two consecutive evaluations or 'ineffective" one year and "partially effective" in the next. However, if the teacher is not rated at least "effective" in the following year, charges must be filed.

N.J. Stat. Ann. § 18A:28-5(a)-(b) (West 2012) (as amended by Assemb. Comm. Substitute, Assemb. 3060)

Assemb. Comm. Substitute, Assemb. 3060, 215th Leg., 1st Ann. Sess. (N.J. 2012) (creating a new statutory section).

Tennessee

4

Eligibility around tenure was reformed with SB1528 to require teachers to complete five years of experience instead of three years. To receive tenure, teachers must receive an overall effectiveness level of "above expectations" or "significantly above expectations" in their evaluation in the last two years of the probationary period. Once eligible, teachers are either recommended by the director of schools or non-renewed; provided, that the teacher cannot be continued in employment if tenure is not granted by the board of education. To retain tenure, teachers must be evaluated “at expectations” in their overall evaluations. If a teacher receives two consecutive years of evaluations demonstrating an overall performance effectiveness level of “below expectations” or “significantly below expectations,” the teacher is returned to probationary status until he or she has received two consecutive years of evaluations demonstrating an overall performance effectiveness level of “above expectations” or “significantly above expectations.” When a teacher who has returned to probationary status has received two consecutive years of evaluations demonstrating an overall performance effectiveness level of “above expectations” or “significantly above expectations,” the teacher is again eligible for tenure. The director of schools shall recommend that the teacher either receive tenure or non-renewed status; provided, that the teacher cannot be continued in employment if tenure is not granted by the Board of Education. Teachers who received tenure prior to July 1, 2011 are excluded from being returned to probationary status, but the law now includes a new definition of inefficiency, a reason of dismissal, that includes poor evaluations.

Tenn. Code Ann. § 49-5-503 (2012).

Tenn. Code Ann. § 49-5-504 (2012).

Arizona

3

Arizona requires at least three years of service before a teacher is eligible for continuing contracts. Teachers may not receive a multiyear contract if they are not rated in the highest performance tier, but there is no requirement that high performance be consistent over a period of years. Certificated teachers may be dismissed due to ineffectiveness.

Ariz. Rev. Stat. Ann. § 15-203 (2012).

Ariz. Rev. Stat. Ann. §536 (2012).

Ariz. Rev. Stat. Ann. §537 (2012).

Ariz. Rev. Stat. Ann. §539 (2012).

Colorado

3

Colorado requires that teachers receive an effective rating for three consecutive years in order to gain non-probationary status. Non-probationary status may be revoked after two consecutive ratings of "ineffective." To further strengthen its efforts to recognize and retain effective teachers, Colorado should increase the probationary period for all teachers to at least four years.

Colo. Rev. Stat. § 22-63-203 (2012).

Illinois

3

Illinois requires three or more years of service to attain tenure and requires attainment to be based on performance standards. Tenure may be revocable based on performance, but is not required. To ensure effective teachers are recognized and retained, Illinois should establish clear guidelines around revoking tenure and dismissing "unsatisfactory" teachers.

105 Ill. Comp. Stat. 5/24-11(d) (2011).

Indiana

3

Indiana requires that maintenance of “professional,” or "tenure," teacher status be contingent on achievement as an “effective” or “highly effective” teacher for three or more years within a five year period. If a teacher does not meet these standards, he or she is classified as a "probationary" teacher. If a teacher receives two consecutive ratings of ineffective on his or her evaluation, tenure is revoked. Any teacher who was under contract before July 1, 2012 is automatically categorized as a professional teacher. Indiana also has clear dismissal procedures for ineffective teachers, both tenured and untenured. Grounds for dismissal include consistently ineffective performance, as assessed by either two consecutive ineffective designations or one ineffective designation or improvement necessary rating in three years of any five year period. To further strengthen Indiana's efforts in recognizing and retaining its effective teachers, the state should require all teachers to serve a probationary period of at least four years.

Ind. Code § 20-28-6-7.5 (2012).

Ind. Code § 20-28-7.5-1 (2012).

Nevada

3

Nevada law requires that probationary teachers, or nontenured teachers, must serve a period of 3 years and receive two consecutive performance evaluation ratings of "effective" and/or "highly effective", in order to receive postprobationary- or tenured- status. Postprobationary teachers are at risk of losing this status if they receive an unsatisfactory performance rating for two consecutive years, in which case they will have to serve an additional probationary period. To strengthen its teacher quality and tenure policies, Nevada should increase the probationary period teachers serve before attaining tenure to at least four years, require that tenure be attained based on performance, assessed primarily by objective measures of student achievement, and establish clear dismissal standards that address ineffectiveness.

A.B. 225, 2011 Leg., 76th Sess., (Nev. 2011)

A.B. 229, 2011 Leg., 76th Sess. (Nev. 2011).

Connecticut

2

Beginning July 1, 2014, Connecticut will require a probationary period of forty school months or four years, before tenure is granted. Tenure attainment is based on evidence of effectiveness, as assessed by the state's performance standards. Additionally, a teacher with tenure will be subject to loss of tenure status and dismissal for cause, including incompetence or ineffectiveness, as determined by the state's new teacher evaluation. However, Connecticut's new teacher evaluation system does not significantly measure teacher effectiveness, assessed primarily by objective measures of student growth. Therefore, tenure attainment and revocation, as well as dismissal procedures, do not comprehensively consider teacher effectiveness. To ensure that Connecticut recognizes and retains effective educators, the state should award tenure based on performance as determined primarily by objective measures of student growth. Further, Connecticut should establish clear guidelines for revoking tenure and dismissing teachers with tenure using these same performance standards.

Conn. Gen. Stat. § 10-151 (2012)

(amended by 2012 Conn. Pub. Acts 12-116 (§ 57), effective 2014).

Delaware

2

Delaware requires that teachers serve a three year probationary period. To attain tenure, teachers must earn at least two years of "satisfactory" ratings in the "student improvement" component of their teacher appraisal process. Tenure is not revocable once these standards have been met. To ensure effective teachers are recognized and retained, Delaware should increase the probationary period before being considered for tenure to at least four years, and should establish clear guidelines for revoking tenure based on ineffective performance.

Del. Code Ann. tit. 14, § 1403 (2012).

Hawaii

2

Hawaii's tenure policy improved significantly in 2012. Under the new policy, teachers must teach for at least 3 years. Any probationary teacher who receives an ineffective rating or a marginal rating without improvement is dismissed. Teachers must earn two consecutive annual ratings of effective or better before being granted tenure. The state policy does not detail criteria for tenure revocation.

Haw. Rev. Stat. § 302A-608 (2011).

Haw. Rev. Stat. § 302A-609 (2011).

Recruitment, Employment, Retention and Terminaiton Policy.

Rhode Island

2

Rhode Island grants tenure after three annual contracts within five successive years. While the state provides that the attainment of these contracts is not based on performance standards and is automatically continued unless there is cause for dismissal, the state Board of Education requires certification, which is necessary for continued employment, to be based on performance. Specifically, the state requires that for an initial certification to be renewed, the candidate must show evidence of three ratings of effective or highly effective. Alternatively, the initial certification will not be renewed if the candidate receives three ratings of ineffective. If a teacher successfully completes the initial certification period, the teacher receives a professional teaching certificate with a five-year term. A professional teaching certificate can be non-renewed, but only with five consecutive ineffective ratings; if the teacher receives at least one 'developing' rating during that five year period, the certificate is renewed with a professional development plan. Rhode Island could improve its score by allowing districts to revoke tenure or require that teachers lose their certification due to ineffectiveness within a shorter timeframe; the current timeframe allows a consistently low-performing teacher to maintain tenure and remain in the classroom.

R.I. Gen. Laws § 16-13-2 (2012).

R.I. Gen. Laws § 16-13-3 (2012)

Alabama

1

Alabama offers tenure to teachers who have completed a probationary period of three complete and consecutive years of teaching; attaining tenure is not contingent upon performance standards. The guidelines for revoking tenure are not outlined in the Students First Act of 2011, and dismissal of tenured teachers include the following: "a justifiable decrease in the number of positions or for incompetency, insubordination, neglect of duty, immorality, failure to perform duties in a satisfactory manner, or other good and just cause." To improve teacher tenure practices in Alabama, the state should continue to require a minimum of a full three-year probationary period, but reform the criteria for attaining tenure to be based on effective performance as measured predominantly by student academic growth, include guidelines for revoking tenure for those teachers who are consistently ineffective, as measured predominantly by student academic growth, require that the more than three years of service is required before granting tenure, and ensure dismissal standards for tenured teachers are reformed, so that any teacher who is evaluated to be consistently ineffective is dismissed in a streamlined way that does not drain local or state resources and follows due process laws.

Ala. Code § 16-24c-1 (2012).

Alaska

1

Alaska requires a probationary period after of three full years of teaching. After this three year probationary period, tenure will be granted after "an evaluation under the district's evaluation system stating that the teacher's performance meets the district performance standards." However, because Alaska's teacher evaluation policy is not linked to significant measures of student growth, tenure is essentially attained automatically after three years and is not based on performance. To ensure effective teachers are recognized and retained, Alaska should require that tenure is attained after a probationary period of at least four years, and that attainment of tenure is based on performance, as measured primarily by student growth, based on objective measures. Additionally, the state should establish clear guidelines for revoking tenure based on ineffective performance and outline a clear dismissal process for ineffective teachers.

Alaska Stat. § 14.20.150 (2012).

Arkansas

1

Arkansas requires teachers to spend three years (or four years in some cases) in probationary status before gaining non-probationary status, but the decision of what criteria to use when promoting teachers to non-probationary status is decided upon by each district. To ensure that effective teachers are recognized and retained, Arkansas should make teacher effectiveness a statewide criterion for promotion to non-probationary status. Additionally, Arkansas should increase the probationary period for all teachers to at least four years, establish clear guidelines for revoking non-probationary status for those teachers who are ineffective, while also dismissing tenured teachers for consistent ineffectiveness.

Ark. Code Ann. § 6-17-1502 (2012).

Georgia

1

Georgia grants tenure upon a teacher's acceptance of a contract for a fourth year of service. Local school districts can enter into contracts with administrators for up to three years. The contract can only be terminated or suspended for the following reasons: incompetency; insubordination; willful neglect of duties; immorality; inciting, encouraging, or counseling students to violate state law or municipal ordinance, policy, or rule of the local board of education; to reduce staff due to loss of students or cancellation of programs; for failure to secure and maintain necessary educational training; or for any other good and sufficient cause. Georgia does not require tenure be attained or revoked based on performance at this time, but the state plans to use the new evaluation ratings to inform tenure decisions in the future. To ensure effective teachers are recognized and retained, Georgia should ensure that teachers serve a probationary period of at least 4 years, and that tenure attainment is based on effectiveness as assessed by performance standards that are tied primarily to objective measures of student academic growth. Additionally, Georgia should require tenure to be revocable based on ineffective performance, assessed by these same performance standards. Lastly, dismissal standards should be reformed so that ineffectiveness is addressed.

Ga. Code Ann. § 20-2-940 (2012).

Idaho

1

In 2011, Idaho passed innovative legislation through Senate Bill 1108, which encompassed strong evaluation systems and policies to support performance-based personnel decision-making. In November 2012, however, these reforms were repealed through the defeat of Proposition 1, a state ballot initiative. SB 1108 reformed the state tenure system from one that automatically granted and maintained tenure without consideration to performance to a system of annual contracts for all currently non-tenured and future teachers in Idaho. This forward-leaning provision was repealed with the defeat of Proposition 1, marking a significant step backward in Idaho’s efforts to increase teacher quality. The current legislation moves Idaho back to a system where teachers receive tenure after a three-year probationary period, and where tenure attainment and maintenance are not linked to effectiveness. To strengthen its efforts to increase teacher quality, Idaho must reform its current tenure system to grant tenure based on evidence of effectiveness after at least a four-year probationary period and establish clear guidelines for revoking tenure based on ineffectiveness. The state could also eliminate tenure entirely and return to a system of annual contracts as proposed under SB 1108.

Idaho Code Ann. § 33-515 (2012).

Iowa

1

Iowa requires teachers to serve a three-year probationary period before attaining tenure. Attainment of tenure is not required to be based on performance standards, as assessed by objective measures of student academic achievement. Further, tenure cannot be revoked and teachers cannot be dismissed because of ineffectiveness, as demonstrated by these same standards of performance. To ensure that Iowa is recognizing and retaining its best teachers, the state should require that tenure be attained and maintained based on performance standards that are assessed primarily by objective measures of student academic achievement. Iowa should also require more than three years of service before granting tenure. Lastly, the state should establish dismissal standards that address consistent ineffectiveness.

Iowa Code § 279.19 (2012).

Iowa Code § 279.27 (2012).

Iowa Code § 284.3 (2012).

Kansas

1

Kansas has a three year probationary period before teachers receive tenure, which is not tied to effectiveness. To ensure effective teachers are recognized and rewarded, Kansas needs to require tenure attainment be based on effectiveness, as assessed primarily by objective measures of student growth, and establish clear guidelines for revoking tenure based on these performance standards. Further, Kansas should increase the probationary period teachers must serve before being considered for tenure to at least four years.

Kan. Stat. Ann. § 72-1412 (2012).

Kan. Stat. Ann. § 72-5445 (2012).

Kentucky

1

Kentucky allows currently employed teachers to receive tenure after teaching for four consecutive years in the same district. Attainment of tenure is not based on performance. Further, tenured teachers who receive unsatisfactory performance evaluations have no clear process for revoking their tenure status nor for their dismissal. To ensure effective teachers are recognized and retained, Kentucky could eliminate its tenure system. Alternatively, the state could also require that tenure be attained based on performance standards that are informed primarily by objective measures of student growth and establish clear standards around revoking tenure and dismissing tenured teachers around these same performance standards.

Ky. Rev. Stat. Ann. § 161.740 (West 2012).

704 Ky. Admin. Regs. 3:345 (2012).

Maine

1

Maine requires three years of service to attain tenure, but does not require attainment to be based on performance standards. To improve the tenure system, Maine should require that attainment of tenure be based on performance standards that are set primarily by objective measures of student academic achievement, establish clear guidelines for revoking tenure based on ineffective performance as assessed by these same performance standards, require more than three years of service before granting tenure, and establish dismissal standards that address ineffective performance as assessed by these same performance standards.

Me. Rev. Stat. Tit. 20-A § 13201 (2011).

Maryland

1

Maryland teachers can be granted tenure after three years in the classroom. Each school district may establish its own rules for tenure attainment. Maryland should require tenure to be earned based on consistent demonstrated effectiveness in the classroom. Further, tenure should be revocable based on demonstrated ineffectiveness.

Md. Code Ann., Educ. § 6-201 (West 2012).

Md. Code Ann., Educ. §6-202 (West 2012)

Md. Code Regs. 13A.07.09.06 (2012).

Massachusetts

1

Massachusetts states that teachers who have taught in a district for three consecutive years are entitled to tenure; further, teachers who have served at least one year in a school, at the recommendation of the school principal to the superintendent, may receive tenure as well. While failure to satisfy performance standards is listed as a reason for dismissal, Massachusetts does not require that tenured teachers be dismissed or have their tenure revoked due to ineffective performance, assessed significantly by student academic achievement. To ensure effective teachers are recognized and retained, Massachusetts should require that teachers serve a probationary period of at least four years, require that tenure be attained and revoked based on performance assessed primarily through objective measures of student growth, and establish clear guidelines for dismissal processes of tenured teachers that address ineffectiveness.

Mass. Gen. Laws ch. 71, § 41 (2012).

Mass. Gen. Laws ch. 71, § 42 (2012).

Minnesota

1

In Minnesota, new teachers are probationary the first three years and their annual contracts may or may not be renewed. After completing the probationary period without discharge, teachers are reemployed and receive tenure. State law also allows districts and unions to negotiate a plan for a probationary period of two years for teachers who are later employed by the board as principals. The state does not require that tenure be attained based on a record of effectiveness. To ensure that effective teachers are recognized and retained, Minnesota should require that tenure be based on performance standards, assessed primarily on objective measures of student academic achievement, and establish clear guidelines for revoking tenure based on ineffective performance assessed by these same performance standards. The state should also require more than three years of service before granting tenure and a dismissal process that addresses ineffective performance.

Minn. Stat. § 122A.40 (2012).

Missouri

1

Missouri allows teachers who have been employed in the same district for five years to obtain tenure on the first day of their sixth year of employment with that district. Tenured teachers are able to lose their status based on ineffectiveness or incompetency. In those instances, "special consideration" shall be given to regular evaluation reports, but there is no requirement that a teacher who receives an ineffective rating be exited from the system. In metropolitan areas, the same basic standards apply; however, the teacher can be removed only by a majority vote of the school board. To ensure that effective teachers are recognized and retained, Missouri should require that attaining tenure be based on performance standards, assessed primarily on objective measures of student academic achievement. In addition, the state should establish clear guidelines for revoking tenure or dismissing a teacher based upon records of consistent ineffective performance.

Mo. Rev. Stat. § 168.104 (2012).

Mo. Rev. Stat. § 168.114 (2012).

Mo. Rev. Stat. § 168.221 (2012).

Montana

1

In Montana, tenure is attained automatically after a three year probationary period. Neither tenure attainment nor revocation are based on any performance standards. In addition, there are no streamlined dismissal processes for tenured teachers aligned with performance standards. To ensure the most effective teachers are retained in the classroom, Montana should require tenure be attained based on performance standards, assessed primarily on objective measures of student growth. Montana should also establish clear policies for revoking tenure on these same performance standards, and establish dismissal processes for tenured teachers aligned to these same performance standards. Lastly, Montana should increase its probationary period to at least four years.

Mont. Code Ann. § 20-4-203 (2011).

Mont. Code Ann. § 20-4-204 (2011).

Mont. Code Ann. § 20-4-207 (2011).

Nebraska

1

Nebraska requires three years of service to attain tenure but does not require attainment to be based on performance standards. Tenure is granted automatically after the third successive contract. Additionally, grounds for dismissal do not include any reasons aligned to performance standards, nor are there any policies for revoking tenure based on performance. To ensure that effective teachers are recognized and retained, Nebraska should award tenure based on performance, assessed primarily by objective measures of student growth. Nebraska should also establish clear policies for revoking tenure based on performance, and reform its dismissal process for tenured teachers to align to these same performance standards. Lastly, Nebraska should increase its probationary period for teachers to at least four years.

Neb. Rev. Stat. § 79-1234 (2011).

New Hampshire

1

Senate Bill 196 changed New Hampshire's length of service requirement for tenure from 3 to 5 years. The law does not require that tenure attainment be based on performance standards. To ensure effective teachers are recognized and retained, New Hampshire must require that tenure attainment be based on performance standards, assessed primarily by objective measures of student growth. Additionally, the state should require that tenure be revoked and teachers be dismissed based on consistent evidence of ineffectiveness.

N.H. Rev. Stat. Ann. § 189:14-a (2012).

New Mexico

1

New Mexico requires three years of service to attain tenure and does not require that tenure attainment be based on performance standards as assessed primarily by objective measures of student growth. New Mexico also does not revoke tenure status on performance standards, nor does it have clear dismissal procedures for tenured teachers based on these standards. To ensure effective teachers are recognized and retained, New Mexico should require that tenure attainment and revocation be based on performance, and establish clear dismissal policies for tenured teachers based on performance standards as well. Lastly, New Mexico should increase its probationary period to at least four years.

N.M. Stat. Ann. § 22-10A-24 (2012).

New York

1

In New York, teachers attain tenure virtually automatically after a probationary period of no more than three years. Tenured teachers who are rated ineffective for two consecutive years may be charged with incompetence and considered for termination through an expedited hearing process, but the tenure status itself is not contingent on maintaining a certain level of performance. To ensure that effective teachers are recognized and retained, New York should detail specific criteria that teachers must meet in order to earn tenure, including consistent evaluation ratings of effective or highly effective, and should extend the probationary period to at least four years.

N.Y. EDUC. LAW § 3012 (McKinney).

N.Y. EDUC. LAW § 3014 (McKinney).

North Carolina

1

North Carolina grants career status, or tenure, to teachers who have been employed by a North Carolina Public School system for four consecutive years. The local board convenes to vote whether or not to grant the eligible teacher tenure. The state does not require tenure attainment to be based on effective performance. To ensure effective teachers are recognized and retained, North Carolina should continue to require a four year probationary period, and require that tenure attainment be based on a record of effective performance, assessed primarily by objective measures of student growth. Additionally, the state should create clear guidelines for revoking tenure and dismissal procedures, based on a record of ineffective performance.

N.C. GEN. STAT. § 115C-325 (2011).

Oklahoma

1

Oklahoma requires that teachers attain tenure based on their performance. The length of the probationary period before which teachers can be awarded tenure varies based on performance evaluations. Teachers under a continuing or temporary contract serve a three-year probationary period if they are rated "superior" two times within the probationary period and receive nothing lower than "effective" within that same time period. Teachers serve a four-year probationary period if they average a rating of at least "effective" and receive at least an "effective" rating for the last two years of the probationary period. Oklahoma did, however, create a loophole for tenure attainment; a teacher can be awarded tenure without having a record of effectiveness. A principal can petition the superintendent to grant a teacher tenure status, provided that the teacher has served at least a four-year probationary period in one school district. Oklahoma has clear dismissal processes for teachers who show a record of ineffectiveness, shown through evaluation ratings. This applies to both tenured and non-tenured teachers. While Oklahoma has a strong tenure attainment and revocation policies, the loophole around tenure attainment allows teachers who are not proven to be effective to acquire this status. In order to recognize, reward, and retain effective teachers, Oklahoma must take steps to address this loophole and require that only high performing teachers are awarded tenure.

OKLA. STAT. tit. 70, § 6-101.31, -101.32 (2012).

Oregon

1

Oregon requires a three year probationary period for all its teachers, after which the state offers the teacher a contract. Tenure is awarded without any required consideration to performance. Additionally, the state has no policies for revoking tenure based on performance standards either. While contracted teachers can be dismissed for several reasons, including inadequate performance, there is no meaningful link between the dismissal procedures and performance standards, nor does the state's teacher evaluation clearly establish dismissal procedures for those with ineffective ratings on their performance evaluations. To ensure that effective teachers are recognized and retained, Oregon must require tenure to be attained based on performance, assessed primarily by objective measures of student growth. Oregon must also require tenure to be revoked based on these same performance standards, and establish clear dismissal processes that are based on performance. Lastly, Oregon should increase its probationary period for teachers to at least four years.

OR. REV. STAT. § 342.815.

OR. REV. STAT. § 342.835.

OR. REV. STAT. § 342.865.

OR. REV. STAT. § 342.850.

Pennsylvania

1

Pennsylvania requires three years of satisfactory service to attain tenure, but does not explicitly require attainment to be based on performance standards, as assessed primarily on objective measures of student academic growth. The laws around tenure do not address requirements for maintaining or revoking tenure. To ensure effective teachers are recognized and retained, Pennsylvania should explicitly require, beyond the language of "satisfactorily completed three years of service," that attaining tenure be based on performance standards, as assessed primarily on objective measures of student academic growth. Additionally, the state should require a probationary period of at least four years before granting tenure, establish clear guidelines for revoking tenure based on same performance standards, and establish a dismissal process that addresses ineffective performance.

24 Pa. Cons. Stat. § 11-1121 (2012).

South Dakota

1

South Dakota requires four years of service to attain tenure, but does not require attainment to be based on performance standards. Tenure is automatically awarded to teachers after four years, and there are no policies around revoking tenure based on performance standards. To ensure effective teachers are recognized and retained in the classroom, South Dakota should ensure that performance, assessed primarily by objective measures of student growth, is the basis for attaining and revoking tenure. Additionally the state should create clear dismissal standards for tenured teachers that are aligned to these same performance standards.

S.D. Codified Laws § 13-43-6.3 (2012).

S.D. Codified Laws § 13-43-5.2 (2012).

S.D. Codified Laws § 13-42-34 (2012).



Texas

1

Texas requires three or more years of service to attain tenure, it but does not require attainment to be based on the teacher's performance. Likewise, tenure cannot be lost due to poor performance. To ensure effective teachers are recognized and retained, Texas should require that tenure attainment and maintenance be based on performance standards, based primarily on objective measures of student growth. Additionally, Texas should increase the probationary period all teachers must serve before being considered for tenure to at least four years.

Tex. Educ. Code Ann. § 21.153 (2011).

Tex. Educ. Code Ann. § 21.102 (2011).

Utah

1

Utah requires provisional educators to work for at least three years, on at least a half-time basis, to attain career educator status. Policies for revoking tenure are not clear, as is the case for dismissing teachers based on unsatisfactory performance. To ensure effective teachers are recognized and rewarded, Utah should require career educator status to be based on performance standards and to be revocable for ineffectiveness. Dismissal processes for tenured teachers should also be aligned to performance standards. Lastly, Utah should increase its probationary period to at least four years.

Utah Code Ann. § 53A-8a-201 (West 2012).

Utah Code Ann. § 53A-8a-402 (West 2012).

Utah Code Ann. § 53A-10-107 (West 2012)

Virginia

1

Virginia requires three years of service to attain tenure and requires attainment to be based on performance standards. However, the state does not require districts to factor in student growth as a significant portion of a teacher's overall rating. As a result, teachers in Virginia can attain tenure without demonstrating consistent effectiveness. To ensure effective teachers are recognized and retained, Virgina should require that tenure be awarded on the basis of consistently high performance and that tenure be revocable based on ineffectiveness. In order to implement this policy, Virginia must first adopt a statewide teacher evaluation system that is based on multiple measures, including student growth, and that uses at least a four-tiered rating of effectiveness.

Va. Code Ann. § 22.1-303 (2012)

Washington

1

Washington significantly improved its tenure system in 2012 by making tenure revocable for poor performance. Teachers on continuing contract who receive a two or below on their evaluation are placed on probation status and must improve to a rating of three to regain continuing contract status, or they are subject to termination. The new policy does not establish clear performance standards for attaining continuing contract status, however. Teachers must teach for at least three years, except that a superintendent may decide to grant a continuing contract to a teacher after two years in cases where a teacher is rated in the top two evaluation levels.

Wash. Rev. Code § 28A.405.220 (2012).

Wash. Rev. Code § 28A.405.100 (2012).

Wash. Rev. Code § 28A.405.120 (2012).

Wash. Rev. Code § 28A.405.130 (2012).

Wash. Rev. Code § 28A.415.023 (2012).



West Virginia

1

In West Virginia, teachers serve a three-year probationary period and then receive a continuing contract. The state does not consider teacher performance as a factor when granting a continuing contract or revoking tenure. To ensure effective teachers are recognized and rewarded, tenure attainment should be based on performance standards, tenure should be revocable, additional years of service should be required to attain tenure, and the state should have clear processes for dismissing ineffective teachers.

W. Va. Code § 18A-2-2 (2012).

W. Va. Code § 18A-2-6 (2012)

Wisconsin

1

Wisconsin requires three years of continuous probation, and in the fourth year of teaching in the same school system or school, teachers' employment shall be permanent. There is no consideration of performance in establishing tenure. In order to ensure effective teachers are recognized and retained, Wisconsin should ensure teachers serve a probationary period of at least four years before being considered to attain tenure, and attainment should be based on a record of effectiveness, assessed significantly by student academic growth. Additionally, the state should set clear policies around revoking tenure and dismissal procedures for all teachers, based on a record of ineffective performance.

Wis. Stat. § 118.23 (2012)

Wyoming

1

Wyoming recently reformed its tenure process to require attainment of tenured teachers to be based on satisfactory performance as assessed by its teacher evaluations. Additionally, the probationary period all teachers must serve is three years. This same legislation reformed Wyoming's teacher evaluations to be based, in part, on objective measures of student growth. Because Wyoming's evaluation system does not significantly weigh student growth as a factor in assessing a teacher's performance, districts do not have meaningful information on which to base tenure decisions. To ensure Wyoming is recognizing and retaining its effective teachers, it should increase its probationary period to be a minimum of four years and ensure that tenure decisions are based on meaningful evaluations of teacher performance. Additionally, the state should enable districts to revoke tenure based on demonstrated ineffectiveness.

Wyo. Stat. Ann. § 21-2-304, 21-3-110, 21-7-102 (2012). Wyo. Stat. Ann. § 21-7-104, -106 -110 (2012). Wyo. Stat. Ann. § 21-7-112 (2012). Wyo. Stat. Ann. § 21-7-113 (2012)

California

0

In California, an employee can attain permanent, or tenure, status by working for a district with an average daily attendance of 250 or more students for three complete, consecutive school years. Additionally, at the discretion of the local school board, an employee can attain tenure in just two consecutive school years if he or she is employed in a district with an average daily attendance of 60,000 or more. California does not require attainment of tenure to be based on performance, as assessed primarily by objective measures of student academic growth. To ensure that effective teachers are recognized and retained, California should require teachers to serve a probationary period of at least 4 consecutive years, and require that attaining tenure be based on performance standards that are assessed primarily by objective measures of student academic growth. Additionally, California should establish clear guidelines for revoking tenure based on consistent ineffective performance, while establishing clear guidelines for dismissal procedures for tenured teachers that aligns with these rigorous performance standards.

Cal. Educ. Code § 44929.20 (West 2012).

Cal. Educ. Code § 44929.21 (West 2012).

Mississippi

0

Mississippi confers permanent state employee status upon employees automatically after just twelve months, unless the employee exhibits good cause for dismissal. Attaining permanent status, or tenure, is not linked to performance standards. To ensure that effective teachers are recognized and rewarded, Mississippi must require that tenure be attained based on effectiveness, assessed primarily by objective measures of student growth. Additionally, it must establish clear guidelines for revoking tenure, based on these same standards of effectiveness. Lastly, Mississippi must increase the probationary period teacher must serve before being considered for tenure to at least four years.

Miss. Code Ann. § 25-9-127 (2012).

North Dakota

0

In North Dakota, tenure is linked to certification and is obtained after two years. State law is silent with respect to the length of teacher contracts; continued employment relies on continued certification. After the first two years, teachers receive five-year certifications; the process is effectively automatic and not tied to classroom effectiveness based on student growth. Poor performance is not a reason for revocation. To ensure the effective teachers are recognized and rewarded, North Dakota should mandate a minimum of 4-years before tenure is able to be earned, as well as require attainment to be based on effectiveness. Further, North Dakota should require that tenure be revoked based on ineffectiveness, and establish clear standards and process for dismissing teachers with tenure, based on ineffectiveness.

N.D. CENT. CODE §§ 15.1-15-02, -04 (2001).

Ohio

0

Ohio does not require that tenure be attained based on performance standards. While Ohio's evaluation system is based on multiple measures, primarily on objective measures of student academic growth, it is not explicitly required to be used as a factor for teachers attaining tenure. Teachers serve a probationary period of five years and then are granted tenure. Additionally, there are no clear guidelines regarding the revocation or dismissal processes for tenured teachers who have records of ineffective performance. To ensure effective teachers are recognized and rewarded, Ohio should require that the state's evaluation system be tied to the tenure attainment process, and establish clear guidelines for revoking tenure based off a record of ineffective performance. The state should also establish a dismissal process that addresses ineffective performance.

OHIO REV. CODE ANN. § 3319.11 (LexisNexis 2006).

South Carolina

0

South Carolina offers a continuing contract, or tenure, after a two year probationary period, where teachers have received an induction contract their first year and an annual contract their second year. The statewide teacher evaluation framework, ADEPT, requires that teachers perform well on a formal evaluation in order to move from one contract status to the next. South Carolina does not have tenure revocation policies or dismissal standards that are aligned to performance standards. To ensure effective teachers are retained, South Carolina must base rewarding tenure on performance standards that are based primarily on objective measures of student growth. Additionally, tenure must be revoked based on these same standards, and the dismissal process for tenured teachers must be reformed to include evidence of ineffectiveness.

S.C. Code Ann. § 59-26-40 (2011).

S.C. Code Ann. § 59-25-160 (2011).

Vermont

0

Vermont state law sets a probationary period for teachers at two years. Performance standards are not a basis for teachers moving from probationary to non-probationary status; the change in status is virtually automatic after two years of experience in a district. To ensure effective teachers are recognized and retained, Vermont should require at least a four year probationary period for all teachers, and base tenure attainment on proven effectiveness, as assessed by objective evidence of student growth. The state should also establish clear guidelines for revoking tenure and dismissing teachers with tenure, if there is consistent evidence of ineffectiveness.

Vt. Stat. Ann. tit. 16, § 1752 (2012)

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