Teacher Tenure in Nebraska: There is none
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- Teacher Tenure in Nebraska |
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Tenure laws were originally created to protect academic freedom—to allow for the free exchange of ideas in the classroom without fear of reprisal. Prior to tenure, a teacher could be fired for simply presenting "both sides of the story" when the powers-that-be wanted only their side presented.
The word "tenure" implies that once hired, a teacher has a lifetime appointment. Nebraska, however, does not have a tenure law. Instead Nebraska law provides teachers with due process termination. That means bad teachers can be fired, but they must be treated fairly; they are given the opportunity to tell their side of the story. But if the evidence shows they are incompetent; neglecting their duties; guilty of unprofessional conduct, insubordination or immorality; are physically or mentally incapacitated; fail to give evidence of professional growth and/or engage in conduct which interferes with the performance of their duties, they can and are fired each year. And probationary teachers—those who have been on the job for less than three years—can be fired for any reason. Every time a teacher moves from one district to another, that teacher starts a new three-year probation period.
Why does Nebraska have a state law that outlines the reasons for which a teacher can be fired? Because teachers have a unique set of expectations and responsibilities. There are so many factors in teaching that are dynamic, fluid and difficult to control. To achieve some degree of fairness and consistency, a clear set of rules must be applied. Thus, the legislature enacted the termination law. In addition to termination, a teacher can also face loss or suspension of their teaching certificate by the Professional Practices Commission. In fact, it was NSEA-sponsored legislation that created the Professional Practices Commission because teachers do not want people in their profession who have demonstrated the inability to meet the standards of professional practice. If any administrator has a concern about a teacher, the administrator needs to gather evidence to support his or her recommendation to terminate that teacher. If the evidence is there, the teacher will be fired. Administrators have access to comprehensive evaluation systems, which can provide the evidence needed to fire a teacher. Many school districts also provide remediation programs for teachers who need help with their skills.
The NSEA believes the focus must be on the students and what they need in order to be successful. The Nebraska Legislature believes that taking someone's livelihood away should be difficult—a person's job shouldn't be taken away on a whim. Firing someone is a tough decision, but when appropriate that tough decision has to be made and where justified teachers applaud that decision.
Teachers are not the only school employees that are protected from arbitrary dismissal. All building principals are covered by the continuing contract law and superintendents must receive procedural due process before they are fired. Most superintendents have multiple year contracts which give them a property right. Under the 14th Amendment no superintendent can be fired without due process of law. In many respects, because superintendents contracts are renewed before they expire, superintendents have more ongoing protection than any other school employees.
The NSEA believes there are too many hard working, competent, excellent teachers to let a few bad apples spoil the bunch. We, too, want bad teachers out of our profession. The NSEA does not protect bad teachers; We do defend the right of all teachers to be treated fairly. We believe that all teachers deserve, as do all Americans, the right to tell their side of the story.
