VOL. II, NO. 5 NOVEMBER, 1924 ae maa Research Bulletin OF THE National Education Association spEneE Ea Eos Sana seTOES IEEE ye) y' boy Ss) The Problem of Teacher Tenure | ES Origin of the Issue of Teacher Tenure ©) Teacher Turnover in the United States »& Court Cases Affecting Teacher Tenure uk Ws bith » Analysis of Present and Proposed State Teacher Tenure Laws. . € Survey of Local Teacher Tenure Regulations + ee ae, Mae. Teacher Tenure Provisions in Foreign Countries A Defensible Standard of Merit for Teacher Tenure Bibliography on Teacher Tenure Texts of State Teacher Tenure Laws................ Texts of Seven Local Teacher Tenure Regulations PUBLISHED BY THE RESEARCH DIVISION OF THE NATIONAL EDUCATION ASSOCIATION 1201 SIXTEENTH STREET NORTHWEST, WASHINGTON, D. C. Entered as second-class matter February 10, 1923 at the Post Office at Washington, D. C., under Act of August 24, 1912. Acceptance for mailing at special] rate of postage provided for in Section 1103 Act of October 3, 1917, authorized February 10, 1923. Research Bulletin of the National Education Association Published five times each year in January, March, May, September, a: November oy the Research Division of the National Education Association of the United States. The pagent of the $5. 00 menbenhie tea of the National Education Ass: ciation entitles one to receive the Research Bulletin and certain other publ cations of the National Education Association for one year. One dollat each $5.00 membership fee is for a year’s subscription to the Research Bulletin Subscription to non-members is $1.00 per year; single numbers may be pu: chased for 25 cents, and in quantities at a reduced rate. Those entitled t receive the Research Bulletin regularly are asked to report at once any change of address, giving old as well as new address. Entered as second-class matter February 10, 1923, at the Post Office at Wash Act of August 24, 1912. Acceptance for mailing at special rate of postage pr 1103, Act of October 3, 1917, authorized February 10, 1923. Director of Research, John K. Norton. Assistant Director of Research, Margaret M. Alitucker Executive and Editorial Offices, 1201 Sixteenth Street N. W., Washington, TABLE OF CONTENTS Origin of the Issue of Teacher Tenure America Relies on Youth and its Public Schools The Public Recognizes the Need of Better Educational Standards Teaching Now Has the Status of a Profession Large Turnover is Prevalent Ac Teachers of All Ranks Turnover is Greatest Among Rural Teachers Teacher Turnover is Excessive Throughout the Nation... What a Survey of Teacher Turnover Reveals Cases of Political Dismissal Should Machine Politicians Attempt to Control the Public Schools? The Need for Tenure Legislation Court Cases Affecting Teacher Tenure , Some Court Cases Afford Occasion for Tenure Lashietion oy Problems Arising from Tenure Legislation What May be Expected from the Operations of a Tenure Law, as Illustrated by New Jersey Analysis of Present and Proposed State Teacher Tenure Laws. . Principal Provisions of All State Tenure Laws States Where No Teacher Tenure Laws Exist States Where Tenure Laws Are Proposed Certain Features of Proposed Measures Surpass Existing Laws Cardinal Points of Proposed State Teacher Tenure Laws Tabular Statement of State Teacher Tenure Laws Map—State Teacher Tenure Laws TABLE OF CONTENTS—Continued Survey of Local Teacher Tenure Regulations. ... Local Legislation Affords Less Security Than State Law Cities and Towns Having Tenure Rules Special Provisions of Tenure Regulations in Cities Located in States Not Having Te Itemized Features of Representative Local Tenure Regulations ure l aws Teacher Tenure Provisions in Foreign Countries Teacher Tenure in Nine Furopean Countries Appears More Secure Than in America Specific Provisions of Appointment, Tenure, and Dismissal of Teachers in Foreign Countries A Defensible Standard of Merit for Teacher Tenure Tenure Should Tend To Retain Able Teachers and Eliminate Unfit. . What Are Just Causes for Dismissal of Teachers? A Representative Survey of Professional and Lay Opinion As To Causes for Dismissal Questions on Teacher Tenure Answered by Tabulation of Mass Opinion Do Teachers Protected by Tenure Set for Themselves High Standards of Professional Achievement and Growth?.. al Every Pisabe Law Should Include a Standard of Professional Attainment Validity of Method of Appeal to Prevailing Opinion Bibliography on Teacher Tenure Texts of State Teacher Tenure Laws Texts of Seven Local Teacher Tenure Regulations LIST OF TABLES Table 1—Tenure of Elementary Teachers in Washington, 1921-1922 Table 2.—Transciency Among Teachers in Washington, 1921-1922 ee Table 3.—State Turnover 1922-1923 as Estimated and Reported by ‘State Superintendents of Public Instruction. . Table 4.—Decisions Under the New Jersey Tenuate Law Table 5.—Existing State Tenure Laws Table 6.—States in Which Campaigns Are Being Waged f for Ten -nure L: aws. Table 7.—Illiteracy in the United States and Foreign Countries Table 8.—Teacher Tenure Practices in Foreign Countries Table 9.—Tentative List of Possible Causes for Dismissal Table 10.—Scope of Vote on Possible Causes for Dismissal Vote on Possible Causes for Dismissal Table 11.—Classroom Teachers... ... Table 12.—City Superintendents Table 13.—Principals Table 14.—Laymen Table 15.—Presidents of State Teachers Colleges and Normal Schools. Table 16.—Deans of Teachers Colleges and College Professors Table 17.—Presidents of State Universities and Colleges Table 18.—County Superintendents. .. . Table 19.—State Superintendents of Public Instruction Table 20.—Presidents of State Parent Teacher Associations Table 21.—Number Voting and Per Cent of Total Number in Each Group Voting for Each Cause af Diesslesal Listed woo UH UH Sa Ge a ae oa FOREWORD gs Amer BROAD responsibilities are involved in the relation between teacher and | — Babe Development, which comes from mutual understanding and appreciation ty , result of association over a period of time. Injury is inflicted on both pu; we teachers when the latter are regarded as hirelings, with no guarantee of rema apor t0 office over a year, and with all the uncertainties of an annual election constantly HBidea 0 them. Because this condition means a loss to the children and to the Nation, as I mous as to the teaching body, the National Education Association has long stood f " principle of teacher tenure. : @ The following excerpt of a committee report is taken from the 1887 \ imis Proceedings: jenios © “How shall the teachers’ tenure of office be made less precarious, and our schools i of the continuous service of good teachers for a series of years?—We cannot expect | manent reform until the evils of our present system are fully unmasked.—More rigid 1 sins ments must be demanded of those who wish to enter the profession—The compet 1 hom teachers must be greatly enlarged. By persistently keeping the subject before th the necessary legislation will be forthcoming.” | ed Since the presentation of the report of 1887, the National Education Asso : mets has led in the slow tenure movement, as is shown by the bibliography on page 168. |} _— the past year, a Committee of One Hundred, under the leadership of Fred M. H of I Superintendent of Schools, Oakland, California, studied the problem of teacher te: UB spirit To ascertain the need for a greater permanency of tenure; to learn about the la | poses rules, and regulations regarding teacher tenure and their results; to ascertain the | Bs reg tude of the teaching body of the United States and of the lay public regarding tenur | stituti also to secure their statements as to a defensible standard of merit for teacher tenure; | °°!" and to make recommendations upon the basis of the findings reached as to desir d 1 legislation and rules and regulations for boards of education. The tentative findings | people were included in the 1924 Report of the Committee of One Hundred on the Problem |§” life of Tenure, which was adopted by the Delegate Assembly. This issue of the Resear The} Bulletin is given over to this report of Superintendent Hunter’s Committee. The fear of making the incompetent teacher secure in her position has delayed t! : Th adoption of teacher tenure regulations in many of the States. This report gets awa) educa: from that fear. It strives to acquaint the people with the actual facts by presenting ; §¢reat material fresh from the field. Regulations can and should be made to protect th ng cc efficient teacher without making it difficult to release the incompetent. : a ter This is another outstanding committee report. Its real value, however, will depend aa upon the extent of its use. Let us hope it will stimulate the activities of both teachers | ad and the public at large to secure teacher tenure legislation in every State which will |...) attract competent men and women to the teaching profession and which will adequately | sla protect them in the service. |B popul J. W. CraprTreer, beni | Secretary, National Education Association ae tl | Bcarefy ment a 140 pupil. is the 3 and ng in acing well r the 1e of sured per- juire- n of ople, ition For iter, ure: Ws, atti- ire ; ire; able ings lem rch the vay ing the “nd Mpublicly supported institution. Mfor this is easily seen and understood. Origin of the Issue of Teacher Tenure America Relies on Youth and Its Public Schools The American people are more deeply at- tached to the public schools than to any other The reason The idea of universal public education is synony- mous in public opinion with the idea of de- mocracy. Hence the success of democracy depends upon the success of the schools. Amer- ica has a profound respect for its youth. It is its hope for the continuation and propaga- tion of the ideals upon which this Nation was founded. In the good American home this respect and hope has developed until it almost approaches worship. Childhood here receives a homage never before given it in the history of the world; neither is any such reverence accorded it even now by any other nation. Except on the part of those who would exploit it, and those who live on the fringe of Ameri- can life and habits with an economic and spiritual status foreign to the ideals and pur- poses of America, the childhood of the Nation is regarded as its most sacred shrine. An in- stitution which touches American life at this point and with this significance will naturally hcld the affection and elicit the support of a people who believe in a democratic philosophy of life. The Public Recognizes the Need of Bet- ter Educational Standards The trend is to prolong youth and make education universal. After the war came a great educational awakening. This awaken- ing consisted of two general movements—one a tendency to make education universal through the period of youth. Everywhere high school and college enrolment increased almost beyond belief. In many cities high- school attendance increased in a five-year period more than twice as rapidly as the total population. Colleges and universities have been and are crowded far beyond their capac- ity to realize their former ideals of thorough careful instruction.. This phase of the move- ment has not been due wholly to an arousal of public attitude for the need of education as shown by the alarming conclusions of the war period investigation. It has been at least partially an economic result accompanying a period of business revival and general pros perity. Education is recognized as a State and National function. ‘The other general move- ment of this awakening was manifest in a con sciousness on the part of the public of the institution chiefly responsible for the work of education—the public schools. A national program has developed for the support and assistance of the States in abolition of illit- eracy, for Americanization of the foreign ele- ments, and for better teacher training. Teaching Now Has the Status of a Profession Teachers are united in improving the effec tiveness of the schools. It is scarcely strange that a new awareness of the situation has taken hold upon the teaching body of the United States. The National Education Association has grown from a membership of less than 10,000 to 140,000 in a period of six years. State associations enrol approximately 400,000. Almost every conceivable phase of the insti- tutional life of the schools and a wide variety of problems of education have been and are being made the objects of highly specialized and scientific study on the part of teachers. The need for better salaries, retirement al- lowances, and tenure is recognized. ‘The pro- fessional consciousness which has stirred public sentiment in the matter of salaries and brought them to a higher level has manifested itself in many of our States in efforts to secure proper legislative measures providing for teacher tenure. Some of these efforts have resulted in the passage of laws establishing a greater or lesser degree of permanency of tenure in several of the States. In many cities boards of education have recognized the worth of this factor in making for greater stability in the teaching profession and have enacted rules and regulations providing for a greater degree of tenure locally. Teacher Turnover in the United States What Happens When There Is No Tenure Law? The teaching body of the United States is very unstable. The turnover is excessively large. ‘Thousands of teachers leave the pro- fession each year. Additional thousands change from one position to another annually. All investigations point to these same unques- tioned facts. A study of the problem in Washington shows startling disclosures as to frequency of changes in positions in that State. Large Turnover Is Prevalent Among Teachers of All Ranks Yearly changes in teaching positions in W’is- consin range from 30 per cent to 68 per cent over a three-year period. A recent survey, “Status of Teachers in Wisconsin” by Mr. C. J. Anderson, assistant state superintendent of public instruction, furnishes these extreme TABLE 1.—TENURE OF ELEMENTARY revelations. His report shows year in positions to be as follows, over period : Rural Teachers—65 per cent t Graded School Teachers cent. Village and per cent. High School Teachers cent. City Grade 4] Average life use of Teacher's C. rtificate is : years. In New York Stat his study of the “Cost of has found the average life issued by the State to be years, the total number of te being 53,000 and the number certi! nually being 8000. This condition of the profession lous and wealthiest State TEACHERS IN WASHINGTON nnua Size of community as to number of children in Percentage of teachers in position for Teacl average daily attendance 5th Year 4th Year 3d Year 2d Year $|aeesosc © | SCOANON | Bawa TABLE 2.—TRANSCIENCY AMONG TEACHERS IN WASHINGTON, 1921 Group Concerned Per cent in position for Less than 3 Years 3d Year Year ‘VU _ wound 62 71 54 68 SSSRSS above tables sre taken from Tenure in Education A i ie date given ip Be 8182 teachers, Ww Education 80 per cent of all the teachers of the State. Washington, 1921-22, A Statewide Survey by the Exe i Journal, May, 1922, p. 292 This survey | | a 142 Changes ree-vear Stats rou rths oper in ‘aining’ rtificate ‘fourths 1€ State ted an- t popu- having 921-22 scutive listed the largest number of public schools and pub- lic school teachers. Inexperienced teachers direct thousands of classrooms. “The Commissioner of Education of the United States gives a view of the Na- tional situation in the Biennial Survey for 1916-1918. His statement is as follows: The Bureau estimates for past years place the annual number of new rural teachers at 87,500. The proportion of beginning teachers for the year 1918-19 is abnormally large. In some counties the superintendents report as high as 85 per cent of the teachers without previous experience. The median for experienced teachers in the country at large is 19 per cent. On the basis of figures re- turned, at least 125,000 inexperienced teachers will be employed in rural communities. Turnover Is Greatest Among Rural Teachers Median tenure in the public schools of the United States is four years’, while the median rural tenure is but two years.*. The tenure of superintendents of schools in the United States is but three years,* and the Bureau of Educa- tion states that of 510 superintendents report- ing in its survey of 1922, 263 were elected annually.* Teacher Turnover Is Excessive Throughout the Nation The 1924 Committee of One Hundred on the Problem of Tenure through a direct in- quiry to the State Superintendents of Public Instruction of the United States secured in- formation on the following points: 1. Number of teachers required for the school year 1922-1923 to replace teachers who had left the profession. This number in- cluded all teachers from the kindergarten to high school inclusive. 2. Total number of teachers required in the public schools of each State for the school year 1922-1923. When exact figures were not available, superintendents were requested to give their best estimates. In Table 3, page 144, the State Superin tendents’ replies are tabulated. What a Survey of Teacher Turnover Reveals |. The “State” teacher turnover in the pub lic schools of the several States of the United States—that is, the number of teachers re quired to fill positions vacated by teachers leaving the profession in the State, totals 110,560 annually or 16 per cent of the entire teaching profession. It ranges from 4 per cent in Florida to 47 per cent in Wyoming. 2. The local teacher turnover is much in excess of this. In some States it reaches a very high percentage, much more than one half the teachers being new in their positions each year, as for instance 68 per cent in the rural schools of Wisconsin. 3. The tenure of the superintendent of schools is almest equally uncertain, since the average tenure of the superintendent is but three years and a great majority of superin tendents are elected annually. 4. An interest in the welfare of the schools and the results we expect of our system of public education require a study of those fac tors which affect the stability of the teaching profession. 5. Careful studies have been made of costs of living and salaries of teachers, the profes sional training of teachers, and other factors affecting the length of time teachers remain in the profession and in their positions. 6. It seems increasingly necessary to inves- tigate the laws in the several States in regard to teacher tenure and the rules and regulations enforced in various cities in order properly to understand the relation of legislation to longer teacher tenure. ' Keith, John, A. H., Bagley, William C., The Nation and the Schools, New York, the Macmillan Co., 1920, 364 p * Benson, Charles E., The Output of Professional Schools for Teachers, Baltimore, Warwick & York, 1923, 98 pp * National Education Association, Department of Superintendence, First Yearbook, 1923. ‘United States Bureau of Education, Bulletin No. 2, 1922. Public School Administration, p. 212. OMPARED WITH employees in other lines of work, the school teacher, under the annual-election plan, is not accorded the tenure of position given to street-or steam-railway employees, general business employees, policemen, firemen, or govern- ment clerks. None of these have to apply over and over for positions which they have been filling acceptably, nor run the chance of annual election with its attendant acci- dents and surprises. So long as these persons render efficient service they retain their places, and when they cease to do so they are first warned, and then perhaps transferred to a less important position, and finally dropped.—El]wood P. Cubberley, ta tae ae sb tat TABLE 3.—_STATE TURNOVER 1922-23 AS ESTIMATED AND REPORTED STATE SUPERINTENDENTS OF PUBLIC INSTRUCTION Number of Teachers Required to Replace Those Leaving Profession in State Per cent Number Replaced Replaced Each Year Each Year 16 2,000 . 16 400 OES ES EEO .i 25 3,000 California i0 2,000 Colorado (Estimated)............ 10 900 Connecticut ; 4 ,602 | 250 300 3,200 , 908 . , 568 seme ee ‘ 3,235 Iowa (Estimated ae 2,600 Kansas j ] et et et BS DD BD DO NOK N Norn Ge bo Whot~ Washington ri West Virginia re wih ut ev teache: ner eff patron 1 Does not include Baltimore City. ? Data for 1921-22. * Does not include in total Kentucky and Maine; nor in replacement total. | aemoré | epen raf IN cases justifying summary action, such as immoral conduct, I believe | & inevita each teacher is entitled to fair warning before dismissal for incompetency; the late in notice should be coupled with friendly criticism and advice from the proper source, reelects acquainting her with her deficiencies; and both supervisors and principals should for the give her unusual attention and assistance, not only for the sake of the scholars, affairs but for her own sake. Such a course has been the making of some of our best | Band ef teachers, who would otherwise have retired from the profession discouraged. A_ | Chic change of grade or environment may bring about a happy result. at ne . Hf it is self-evident that she can never become a successful teacher, have her | & teacher told so kindly, and, above all, do not soothe her disappointment by arming her with mesidiied credentials and recommendations in subtle form, calculated to deceive wherever | & School. presented. Do not pass such a teacher along to inflict her incompetency upon others; Teme nor keep her yourself because of her influential friends; but remain true to you trust, and remember that the welfare of the child is your highest trust —EZric Edward ~ Rosling. Addresses and Proceedings of the National Education Association, 1899, hes p. 1123. ‘Re —— ‘eachers lic State Cases of Political Dismissal In some measure, the movement for teacher tenure legislation has grown out of a number of flagrant cases of political dismissal which have attained wide notoriety. In many of these cases, gross injustice has been done to individual teachers, principals or superinten- dents. In almost all of them severe injury has been inflicted upon the schools immedi- ately concerned ; and in all of them the hazards of the teaching profession have been empha- sized, the work of the teacher discounted and fine, high-minded discouraged from entering it. Noteworthy examples of such dismissal are as follows: the Denver case of 1915; the Port- land series of dismissals prior to 1913; the San Diego, California, dismissals of 1918; the Oklahoma dismissals of 1922; the case of Dr. Thomas E. Finegan of Pennsylvania, the case of Dr. Chadsey of Chicago; the case of Dr. Withers of St. Louis; the case of Superin- tendent Stockton of Johnstown, Pennsylvania; and the recent dismissal of Dr. William L. Ettinger of New York City. The following are signed statements re- ported relative to some of these cases of dis- missal : The Portland Series of dismissals.. The public schools suffered from politics and gross favoritism. Injustice was inflicted on many teach- ers who were dismissed without warning and with- out even knowing the cause of their dismissal. No teacher felt secure in her position solely because of her efficiency. If her principal or some influential patron who had a grievance complained against her, she had no opportunity to defend herself or to disprove the assertion of one whose complaint might be founded on a trivial matter. The whole teaching corps suffered from the demoralization that such state of uncertainty would inevitably cause. The annual election occurred so late in the school year that teachers who were not reelected had scant opportunity to secure positions for the next year in other schools. This state of affairs resulted in a subservience in many instances and efficiency suffered accordingly. Chicago. Sixty-eight teachers dismissed with- out notice, hearing or charges—June, 1916—all teachers with ratings of “Satisfactory” and recom- mended for re-election by the Superintendent of Schools. (Report by [Illinois Subcommittee of Tenure Committee of 100.) youth —_—— (76 teachers discharged; 49 of them and “B” on four point scale.) Denver.’ with ratings of “A” On June 26, 1915, the Committee on Teachers brought in a report. The schools had been dis missed June 11. At a special meeting of the Board June 29, 1915, the President made the following statement: “As a result of the recent report of your Committee on Teachers and Textbooks, was adopted by this Board eighteen high school teachers and thirty-five elementary teachers, making a total of fifty ree teachers out of a corps of more than a housand, were not given a contract to teach for the next school year.” which 1915, 9 June 26, In addition there were retired five principals, nineteen elementary teachers, six high school teach- ers, and there were dropped six principals; there were given contracts on probation to thirty-eight elementary teachers. The quality of forty-nine of these people is indicated above in quotation from Dr. Bobbitt’s Survey, i.c., 49 of 76 had ratings of “A” and “B.” This occurred on June 26, having been dismissed June 11, after the teachers had scattered from the Atlantic to the Pacific The first notice of the action of the reached them only through alphabetic lists in the newspapers, in which their names would be missing unless reélected. school Board The agony and distress of those humiliated by being placed without warning upon a probation list and the terror of those whose names failed to appear on the published list caused mental and physical suffering that is beyond comprehension. One can imagine the civic uprising that followed. San Diego.’ (21 teachers discharged—all with record of “satisfactory.” ) A campaign was carried on against the superin- tendent with statements that he was “a Czar’’ that the schools were too expensive, etc., etc., all of which were without foundation in fact. The econ- omy cry and the statement that the existing Board was executing much important business in “star chamber” sessions aroused the ignorant, and the intelligent people of the city were absolutely un- aware that this feeling of dissatisfaction had achieved such a momentum. better people “let George do it” when it came to voting, and a majority of the Board was elected who were specifically pledged to oust the superin- tendent at the end of the following year when his term expired. In consequence, the The first step was to disregard the superin- tendent’s recommendations in the employment of teachers and vacancies were filled with teachers who were without necessary qualifications, merely because they would support the new Board. Jani- 1 Reported by Oregon Sub committee on Tenure—Addie Clark, Chairman. 2 Reported by Dr. W. R. Smiley, c/o Board of Education, Denver, Colorado. * Reported by H. O. Welty, Principal Technical High School, Oakland, California. 145 tors and carpenters were placed in jobs as fast as they could be created or as vacancies occurred. The purchasing of school supplies, insurance, etc., was immediately parceled out to friends of the majority members of the Board. Disgruntled janitors recommended the retaining or discharging of teachers in some of the buildings, and the super- intendent, within a few months, became only a figurehead. The committees in the Board took over, in a very large degree, the executive work of the superintendent, and at the end of the first year, when the superintendent’s twelfth year of service terminated, every principal and teacher who had stood squarely and publicly by him was slated for dismissal on the charge that they had been “friends of the superintendent” and therefore should be discharged in order to rid the school system of his influence. The principal of the high school and twenty high school teachers were discharged in one motion. Should Machine Politicians Attempt to Control Public Schools? Those who are familiar with the situation believe that one of the gravest dangers that confronts the American public school system today is to be found in the attempts of groups of machine politicians, who seek to control and in many instances do control, the local government in our large municipalities. These machine politicians attempt to control the ad- ministration of the schools and use them for political purposes. We mean by this for pur- poses of patronage and spoils. Cases have been studied which constitute definite evidence of such attempts. Only a debased and de- bauched school system can result when one of these unscrupulous groups dictates the appoint- ment of teachers in the interest of political spoils. Do political dismissals and appointments result in more injury to children than does the retention through a tenure law of an occa- sional superannuated teacher? Irreparable damage to the youth of an unfortunate city, where a spoils system prevails, cannot be avoided. This damage is infinitely greater than that which results from a too drastic tenure law which protects a portion of a teaching corps that has become out of date or superannuated. It is sometimes argued that tenure laws are failing because they do protect inefficient teachers. Let it be granted - that in some cases they do. Any parent with the American point of view and a fall belief in American ideals would undoubtedly hold that his child were in less dange: where the teachers are protected law than where their appointment trolled by a political machine. Should there be a professiona control of the public schools? which is a matter of common kn points to a prevalent tendency to d: administrators and teaching corps In many cases where progressi have been taken by school admin schools have been subjected to vici« attacks. Many school people who stand for a modern program universal training of all youth fo zenship and which consequently ingly larger sums of money—believ: sible to sustain and protect themsel invasion except by protective organizat effective legislation. It is not a selfish interest to school dminist1 bodies of teachers, but a question of | of the public schools against spol vicious political groups. The issu a truly citizen and professional o1 control of the schools. The Need for Tenure Legislation These are the statements of the 19 mittee of One Hundred on the Pr Tenure, showing the need for legislatio: 1. No State, city or community tain and administer a school systen interest of its youth if its teachin; its school leaders are subject to the da: political assault and professional murd resented by some of the cases of polit missal studied by this committee. 2. It is only a natural result that attitudes should develop and that a tendency to organize for political p: should pervade the teaching ranks of cities and States. 3. Neither is it surprising that laws and regulations ensue which protect n the efficient and professional-minded n of the profession, but also the incompet: political-minded member. 4. The need of a carefully developed which wil! protect the efficient, skilf professional-minded teacher and e those who are not is apparent to any of the situation. 146 lo« promi man ouprel Thi The \ ision which t Ch leach tion © opinio the Be in thi \ dence Ww ledge y pr litics, ors 7 , Oli tical istently means od C iti impos- s from on and tion of rs and tection ion I etween Spoils tion - Com- lem of n: main- in the ly and yers or r rep- al dis- radical -verish tection many rules, it only ember nt and pr sLicy l, and ninate tudent S¢ hool Court Cases Affecting Teacher Tenure The 1924 Committee of One Hundred on the Problem of Tenure attempted to collect information upon court cases throughout the United States which have either precipitated movements toward teacher tenure legislation or which have resulted from such legislation. Much information on a large number of such cases was gathered. ‘The survey is as yet far from complete, and there has not been suff- cient time to analyze all the data which have been collected. Some Court Cases Afford the Legal Occasion for Tenure Legislation of significant court cases have A number been studied. Some of these have afforded the legal occasion for campaigns for the passage of a State tenure law. Such apparently was the situation in Illinois, California and Louisi- ana. of Court interpretations of the school laws in cities of less than 100,000 population leads to conclu- sions (by the sub-committee for Illinois) that In Lllinois, a careful review causes for “dismissal” or “removal’’ are “mat ters to be determined solely by the local boards, that boards may dismiss or remove for any cause or no cause and that teachers may be elected annually.” “The fact as to whether the Board of Edu- cation acted wisely in dismissing a teacher is a fact into which the court cannot inquire.’ Illinois’ Supreme Court sustains the action of local school board. prominence in Illinois is that of Ida L. Furs- man vs. City of Chicago, Vol. 278—Illinois Supreme Court reports, page 318. This opinion was rendered April 19, 1917. The City of Chicago had appealed from a de- cision of the Superior Court of Cook County which had enjoined the Board of Education of Chicago from dismissing teachers because they belonged to the American Federation of Teachers, a branch of the American Federa- tion of Labor. The Supreme Court in its opinion dissolved the injunction and held that the Board of Education was within its rights in thus dismissing teachers who refused to obey the Board’s rules forbidding them to be- The case of greatest long to labor unions. The essential statement of the decision reads: No person has a right to demand that he or she Che board has the mploy shall be employed as a teacher ‘lute right to decline to employ or to ré¢ applicant for any at all. The only to the people of the city, from reason whatever or tor board is responsible fot ugh the mayor, the members have received It is no infringement on the cor | ypointments ird to de line hools, nal rights of anyone for th mploy him as a teacher in the s« and reason I the fair complexion iterial whether th him is because applicant ried, member ota is of trades wi is given for such refusal to give any reason for it with ns of policy are whomsoeve! solely they |} tract vard, and when by the courts will +. Tenure legislation follows action of Illinois’ Supreme Court. ‘The tenure law for cities of 100,000 population and above which was en acted about the time that this decision was a result of the ot The teachers, backed by strong pop rendered was at least partially Illinois’ Court holdings as to the status teachers. ular forces in Chicago and elsewhere in the State, appealed to the legislature and the gov- ernor for protection in the form of permanent tenure and were successful in securing it for the teachers of Chicago. Court legislation. California encouraged tenure In California, the Kate Kennedy case (Kennedy vs. Board of Educa tion of City & County of S. F. 82 Cal. 483) (Jan. 1890) was the principal legal basis for rulings in the provisions of the present State tenure law passed in 1921. teachers holding city certificates and employed This famous case ruled that by Boards of Education in cities where such certificates are granted, cannot be dismissed except tor causes under the following section: The holders of city certificates are eligible to teach in the cities in which such certificates were granted, in schools of grades corresponding to the grades in such certificates and when elected shall be dismissed only for violation of the rules of the board of education, or for incompetency, unprofes- sional or immoral conduct. 'C. C. Slotlar vs. Board of Education appeal from Jackson County, (Ill.), City of Carbondale Schools,—95 II] App. 250. 147 This gave the teachers of San Francisco tenure under the State law. In 1921, a cam- paign was waged before the legislature to ex- tend the rights of tenure as enjoyed by the San Francisco teachers to the teachers of the entire State. This campaign was successful and the present California Tenure law was enacted. Problems Arising From Tenure Legislation Should tenure legislation apply to school administrators as well as class-room teachers? A court decision filed June 24, 1924, by the District Court of Appeals of the State of Cali- fornia has a direct bearing upon the -Teacher Tenure Law. The essential facts are: William Bland, principal of the Galt Union High School, was dismissed by the Board of Education of Galt Joint Union High School district in August 23, 1924. In doing this the Board did not comply with the procedure provided for in the California Tenure Law. Mr. Bland sought reinstatement. The court refused upon the grounds: (1) that the teacher tenure law did not apply to principals; and (2) that the Galt Union High School district only employed seven teachers. Since the California Law states explicitly that tenure only applies to districts employing eight or more teachers, in the Galt case it did not apply to either principals or teachers. This decision will be of much interest to the teaching profession. If the stand of the Court should result in separating the teaching profession of the State into two groups, admin- istrators and teachers, it would be calamitous for the schools. Should the superintendent's recommendation be necessary for dismissal of a teacher? An important case in Massachusetts takes a high professional ground under the Massachusetts tenure law. The case was that of a teacher dismissed by the school committee of the town of Hopkinton for “conduct unbecoming a teacher and insubordination,” but without the recommendation of the Superintendent of Schools. The lower court held that the dis- missal was legal under the tenure law because a superintendency union existed between the towns of Hopkinton and Ashland, and that the Superintendent’s recommendation was not necessary in such a union under the provisions 1 This committee included Dr. Lester Smith and Prof. W. E. of the teachers’ tenure law of Massac! The Supreme Judicial Court for C Suffolk reversed the lower ground that the Superintendent’s re dation was necessary for dismissal. ‘T} tial points in the court ruling are as f: court The reason of the act tends in the same « It seems just as important to safeguard of service of teachers in small communit schools are under a superintendent of tendency union as it is in more popul towns. The advice of the superintendent be presumed to possess more than ordit and judgment touching the general compet: usefulness of teachers, may be quite as 1 in order to prevent injustice and to insur est possible efficiency of the | small town as in larger center No recommendation by schools was made as to the | the petitioner: Hence the beyond their power in attem; petitioner from the service. In the absence of special legislation teacher tenure be wholly on a yearly c basis? In the State of Indiana nothing be more unmistakable than the trend of cial attitude toward the tenure of te In the absence of any special legislatior viding tenure of any kind, the Courts in many instances, submitted rulings p! the teachers’ tenure wholly upon a c basis. ‘The tendency is to make boards cation wholly responsible for judgir fitness of teachers and the length of t service. ‘The teacher is protected when a definite written contract and only then ] duration of the contract is always for a definit term and the tendency of course is t the prevalent term one year. These citations are taken from the of the sub-committee’ for Indiana: In the absence of a definite and written < a teacher cannot recover for teaching although they were rendered at the request school trustee or school board. This was decided in the case of Lee v: School Township, 163 Ind. 339; 71 N. E that case the teacher had no written cor had rendered the services at the request school trustee. It was assumed that the | could not recover on an oral contract and h: to recover on the quantum meruit theor Court said: “Where a complaint by Treanor. 148 f at defin: —_—— chusetts, unty of on the ommen- 1€ essen- follows: dir Ction es where sSuperin- cities ¢ who may} ary skill eNncy and leCesSary he high. Is in the ident of lissal of ee acted arge the should ‘ontract g could of judi- sachers. IM pro- s have, placing ontract of edu- ng the erm of he has 1. The lefinite » make report ‘ontract ervices, st of a 56 act but of the laintiff sought teacher against a school township at the special instance and request of such township, the recovery being sought upon the quantum meruit, such com- plaint is bad, since Acts of 1899.... The law requires all contracts between schovl teacher and school corporations to be in writing and signed by parties thereto. The Court also said: A township trustee is a special agent possessing statutory powers and can bind his township only when authorized by statute, and in the manner therein provided, and persons who deal with him must take notice of the extent of his authority. The leading case of Taylor vs. School Town of Petersburg, 33 Ind. App. 675, 72 N. E. 159, strik- ingly discloses the absence from the school law of Indiana of any conception of teachers’ tenure, apart from the fixed term expressly provided for in a written contract and which is, of course, not tenure at all in the true sense. This case was an action against the School Town of Petersburg to recover for breach of contract. The complaint set out that the plaintiff had taught continuously in the Petersburg schools for ten years; that she submitted a written application to teach during the term 1901-02; that the school board had passed a resolution that the plaintiff be employed “for the ensuing year”; that she attended school during the summer of 1901 in pursuance of a requirement of the school board; that the super- intendent designated the grade that she should teach during “the ensuing term”; that there were no charges against her in any way questioning her qualifications. No formal contract was executed and later the board employed another teacher in place of the plaintiff and refused to allow her to teach. The statements in the complaint were admitted to be true, but the court held that they did not entitle the plaintiff to recover. “A teacher cannot recover from a school corporation for the breach of an executory contract unless it is so full and definite as to be capable of specific performance. The application of appellant for employment and the resolution of the board as set out in the com- plaint do not tell when the schools in the town of Petersburg began in the year 1901, neither the day nor the month, nor the grade the appellant was to teach, nor the pay she was to receive. It cannot be claimed that they are definite in these essentials to a complete contract. The facts do not show a substantial compliance with the statute. The court decided that on the facts, as alleged by the plaintiff, the school board was under no contractual obligation to the plaintiff since there was no written contract which satisfied the statute, and since nothing else could create any contractual obligation. The rule of this case, strengthened as it is—and not weakened—by the Act of 1921, leaves no place for teachers’ tenure in the law of Indiana. A sur- vey of the Indiana Court rulings shows that: 1) Legally speaking, there is no tenure in Indiana. (b) A teacher has only a term of service, and that only in case a written contract has been exe- cuted specifically setting out the essential elements of the agreement as provided for by statute. (c) A teacher is amply protected under his con- tract from dismissal without legal cause. teachers’ What May be Expected From the Oper- ations of a Tenure Law, as IlIlus- trated by New Jersey. The New Jersey law has been in operation since 1910. Numerous court cases have arisen under the law. The adjudication of these cases affords an interesting study to those having at heart the welfare of the schools and a high standard among the teachers of the Table 4 presents a list of the im- portant cases which have occurred as a result of the operation of the New Jersey Law. country. service. State. lished. . MONG THE principles that should govern teachers’ tenure are these: 1, Teachers should not be appointed unless they possess the minimum re- quirements as to training and certification demanded by the State. 2. Initial appointments should be for probationary periods of one year, renew- able upon promise of satisfactory service for three annual terms. 3. The probationary period, provided that the reports of supervisors are satis- factory and that the objective requirements for professional growth have been met, should be followed by appointment on indefinite tenure during good and satisfactory 4. Once a teacher has acquired the right to indefinite tenure in any school dis- trict, such right should not be lost by transfer to another district within the same 5. Definite standards of supervision and rating of teachers should be estab- 6. A tenure of service regulation should state as clearly and in as much detail as possible the causes for which a teacher may be dismissed. ; 7. The proposed dismissal of a teacher on the ground of incompetence or neglect of duty should be preceded by a warning and specific statement of defects. —I. L. Kandel, Teachers College Record, October, 1924, p. 142-143. 149 1aqoBea} 10 49989} JO psvog jo “pavog jo *prvog jo “1949804 jo “1949B9} jo "1949894 JO “rayowe, jo ‘pawog jo ‘pawog jo ‘pavog jo “‘prsog jo ‘JaYOBay jo “19 9Be3 Jo “psvog jo “‘pavog jo *1dyOBa} JO *19YIB94 JO “19yoRe} JO “prvog jo “zayouey jo IOAB, JOA By JOAB ST 1OABT IOABT IOABT IOAB ST IOABT IOABT IOAVT IOAB 10aeg IOAB A IOABT IOABT IOABT IOABT IOAB YT IOABY IOAB I IOAB IOABRT OAR IOABT | oo 4 JO prvog a481g WwonpyY jo pavog a4049 ‘““uoKvonpY Jo pavog 404g ‘“aoOIjBonpY jO prvog ong “‘UOl}BONpY jo JeUOTSsIUTUIOD “UdBBONpPY jo Jau0wstuTUIOD “UOTZBONpPY jo 19UOIssIUIMIOD """UOIZBOUpPY jo pavog o7e3g ““uolKwonpy jo pavog aug “UOHBONpY jo 9UOIsSTUIUIOD "“UOH;BonpyY jo prvog o7eIg "“UOLyBvonpa JO prvog oyn1g “"“GOINBONpPY JG prvog 9783g | ‘Sfeeddy puv suo1ig jo y1n0g ““mOlywonpY jO pavog o484g “**""qanog eursadng ““Goryeonpy jo pivog e78I9 UONWONpPY jo sauo0rssiuTWMI0Z “uOoHwoONpy JO s9UOIssIMIUIOD “uolywoNpY jo JouoTSsIUIWIO, ‘UOI}VONpA Jo 1UOIssTUIUIOD woIsID0g 0} polveddy SNO LH yUIBS BY} Pouleures 4} GFnoyIle 1ay9va} 03 diqsjedioutsg wo peoulsg StAjodns |, Bw ‘ATTengoe -spidnd jo oquinu < , 88 pessrusicy Al said ey} 10; 4194 poses jeuiIeAeU ! k n yONnpUos. Iipsoqns sualoygeuy d 04 Joliq 003 SzISTA :SfOOYOS Sty Burzista ut quaTTIp JON 9}¥BOGIZ1990 JO YOR] JO osnvosq jussruisicy stidnd jo saquinu ayy jo UONNUILTP [BINZBU JO asnwoeq |BSSTUISICT Aypqusip [worsyd !1eyoue, w Zururo9equn jonpuoS ‘diys[edioug ooyog ysrp 105 Burures jO you] :Azlovdvout :Zuryqowe; ut Aouewgjeuy , ' AIB[BS Ul UOLYINpes ou ‘Suryowe, 0} diyspedioutd urogy pesstejsuBly “‘gonpuoo 1S89jO1dUN ‘UOTyBUIpsOqnaul Joy POSSIWISIP ‘]OOYOS WOIJ JUSSqe esNTI0q ‘oBIVYO 0943LIM ON ‘JOJSUBI} B POUITBIO Yj ‘e7BoYTZ100 AjI0 B Pfay ay 88 pemeuel Jou sum [OOS [VUOTBOOA peprle-azuig 10} OFBOYT}100 poztunty sty 98N booq PasstuIsicy > get || EOHVOWsp JUBIUT JOISUBIy Jay YY} PoUTTET 1eqYoRe4 ‘uol}BUIpsognsuy _"****@4Nu9} JOpUN Jaqy9be} Jo ArurEs jo worjoNnpey ) 199894 Joya Oo J914}STp JOoYS ut sjidnd jo UoryNnuTUMTp ;esngeU 07 eNp emmnUay J9pUN J9Y9Ba}q JO Jo;sUBIT, eee hes ___ 2 |" * * POsSTUISIP J94Y9Be7 ‘aBIBYyo 49zz1IM ON ‘jedioutg Buistassdng sv SoNMP SI] JO sBreyosip 944 Ul 4uoloWjauT """S89UjBIP JO UOsBeL Aq pazEpoRduouy “‘qoY emu, isip UMO SIY pesnwo [edioutg Zursias 9G PUB 03 Bururosaqun yonpuvd ‘Aouswyyjouy | 13[8 ‘49yoRo} 03 [ediould jo yuws 94} UI0I} peonpezy (, SAIS BAIGNOBSUOD JO IBVA YANO] 943 UO UIdeq,, ynu MW] oinueay Jepun eq 93) WoIyeqoid siBeA 90149 JO pua oy 38 poss! Ursi(y sUBiBel 1 {| UO 308 Jou prnos pivog Mou peulleyo 1aqyove} ‘prvog suo Jepun peusisezy eh: ¥ 4. 39B1}U00 sty JO VOIyeIIdxg “UOlPVUTMTBXS OF 4OLId ‘sIOMSUB pus suUOI}sonb UTONVUIUIVXS Ul SSBIO Burpiad . ; ‘prvog 043 Aq passtuisip ‘sazeyo wey gnogdm ty "* (SseuIpie} poyvedes) uolywUIpsognsut Aouatoyjout ‘Aonajeduioouy oq} JOpuN UOljo" [BF] Bury41038 Ul soueTYyZeu Aq [ess Asie [edioug 3 Asadng jo Ayusp ayy yyw AlB[eS Ul UOTJONPes OU YR A Vpy serpy AE) 199890N0}F) “8A UBUISIEYD qano1og poomBurny “sa uosunyy p4oj Peyy “SA 0718 YRIOU MOD H “84 0A TOD [TUBE] “BA preao(qovpy diysumoy, uostpeyy “8a arezuNOy "*****"“yaed wedsoig “8a Aanyowy 0: earl cae ‘drqsumoy yoeds9aQGQ ‘BA SLABCT 7989s -drgsumoy, BIVMBLIC] “SA UOSTIIOPY """"" GOSLUIBET SA URN IPT P urENHopy Aoqury qynog “8A Your drysumoy, uojseqn’y “8A Moser) YOK MON 38944 “SA 2BIQUIEG “* * “O[[LAUUSEALT “SA IUTIsIEPY “""drysumoy, yoodsaaG “8a saucy co ‘ weHOqoH “SA SsepuBigT OL0GS9PIMG JO YBNOIOY “8a UOS|OYIIN a[AIUBSVaLY “SA IBTIISIV AY ‘*""drysumoy, paoywyg “sa uosugor ‘diqsumoy, wojseqn’y “sa MOIUOD '"**"diqsumoy, eremejeq “SA snyouygy diysuamo], eaosBayig “8a $9105 WOl} PeINIes BJAM BYEP as UT £261 £261 6261 2261 eS¥D jo oInjEY OSB) Oy} JO ONL tMV'T ZHNNAL Agsual MAN AHL YRaNN SNOISIDGG—*+ AIAVL Analysis of Present and Proposed State Teacher Tenure Laws Ten States have already enacted teacher Seven of these have accompanied Table 5 lists the tenure laws. or followed the war period. States which have tenure laws. TABLE 5.—EXISTING STATE TENURE LAWS Where Law Applies Year Enacted Districts with eight or more 1921 teachers Districts with 20,000 or more 1921 inhabitants Denver, Pueblo, and Color ado Springs Any district with 100,000 or more inhabitants—Chicago New Orleans All districts more. ! Entire State except Boston ! Unqualified—State Wide Unqualified—State Wid« Unqualified—State Wid« Districts of 20,000 or yr inhabitants—Portland Cities of first class—M waukee California Colorado Illinois. . . Louisiana Maryland except Balti- Massachusetts Montana. . New Jersey New York. Oregon Wisconsin 1 Baltimore and Boston have local tenure regulations. Principal Provisions of All State Tenure Laws The general intent of all the laws seems to be to guarantee to teachers a security in their positions during good behavior and efficiency. Several of the laws attempt to define a basis for dismissal, naming certain causes which con- stitute valid reasons for discontinuing a teacher in his position, All of them recognize the necessity of a probationary period. Almost all provide for a hearing for the teacher rec- ommended for dismissal, the right of counsel, and reasonable notice of intention to dismiss or of hearing. The principal features in the present tenure laws may be summarized as follows: 1. A probationary period—1 to 3 years. 2. A hearing before the employing board. 3. Right of counsel for teacher. 4. Specific cause for dismissal (in writing). a. Immoral or unprofessional conduct (misconduct ). b. Incompetence ity). c. Evident unfitness for teaching. d. Persistent violation of or refusal to obey State laws. (inefficiency—incapac- Violation of or retusal to obey rea- sonable rules and regulations pre- scribed by (insubordination ). government of schools Neglect of duty (wilful neglect of duty). Malfeasance or found guilty. non-feasance when Reasonable notice of hearing or intention to prefer charges. Ihe causes for dismissal are given in rather general terms in six of the eleven State teacher The Oregon L iW as to method of procedure for dis- tenure laws. is the most explicit missal and appeal from decision rendered. The customary requirements for employment as a permanent teacher are: (1) certification; (2) definite standards of professional attainment; 3) length of service; and (4) efficiency. For comparative purposes, a summary of ill existing State laws is included in the insert on page 153, headed Tabular Statement of State Teacher Tenure Laws. States Where No Teacher Tenure Laws Exist In a large majority of the communities in these States, Boards of Education and super- best intendents “hire and fire’ at will or at upon a yearly contract basis. New Hampshir« New Mexico North Carolina North Dakota *QOhio Oklahoma *Pennsylvania Rhode Island South Carolina South Dakota Tennessee Alabama Arizona Arkansas Connecticut Delaware Florida Georgia Idaho Indiana lowa Kansas Kentucky Maine Michigan *Minnesota Mississippi Missouri Nebraska Nevada Te XaS Utah Vermont *Virginia *Washington West Virginia * Indicates that campaigns for tenure legislation are in Lrogress. States Where Tenure Laws Are Proposed Teachers organizations are carrying on active campaigns for enactment of new tenure laws in five states; and in Massachusetts effort is being made to amend the present tenure law. TABLE 6—STATES IN WHICH CAM- PAIGNS ARE BEING WAGED FOR TENURE LAWS. Geographical Zone | State EE eee Virginia. —— —— Ee auugnibepsbegeu PR ee | Massachusetts Pennsylvania Middle Western............ Minnesota. Jhio. WU sides uenadeebueaa Washington. Certain Features of Proposed Measures Surpass Existing Laws Some of the teacher tenure bills which have been or are being presented to State legisla- tures for consideration by teachers’ organiza- tions offer excellent features. The general trend of these measures is the same as in those already enacted and in force. But some of the proposed new laws seek to obtain the objec- tive of protecting the schools and the children by protecting the efficient and able teacher by what seem increasingly effective methods. The proposed Ohio law is an example. In the Ohio Tenure Law causes for dis- missal are divided into two classes: (1) per- sonal behavior and (2) teaching efficiency. Those in the first class may be acted upon at any time by the board of education upon pre- sentation of sufficient proof of charges. Those in the second class may be acted upon at the end of the school year after sixty days notice. The first class of causes is defined more in detail by listing neglect of duty, insubordina- tion, conduct unbecoming a teacher and im- moral or criminal conduct. The second class of causes has to do with teaching efficiency and is further analyzed by listing incompetency, inefficiency, neglect of duty, and lack of pro- fessional growth. In addition, the proposed Ohio bill sets up a standard of professional attainment for all classifications of the teach- ing profession to be protected by tenure. It 152 requires for elementary and special teachers graduation from a first-grade high school of the State and two years of normal or college work; for others, including executive officers such as superintendents, high school principals, elementary principals, supervisors and high school teachers, graduation from a first-grade high school plus a four-year college course is required. The superintendent is enjoined to provide a minimum standard of study and professional growth. The Virginia law also proposed a constru: tive standard, listing as requirements for em ployment under tenure efficiency, certification and length of service. The Oregon State Teachers Association has likewise proposed in a report upon a suggested amendment for the tenure law of that State a standard of professional requirements. Cardinal Points of Proposed State Teacher Tenure Laws Ate its provisions sound? ‘This is the ques tion that immediately arises when a new tenure law is proposed. The cardinal points of teacher tenure laws proposed in Minnesota, Ohio, Pennsylvania, and Virginia since 1921 are summarized as follows: 1. Permanent or indefinite tenure, terminated only by death, resignation, or retirement as provided by law. . Probationary period—1 to 3 years. Dismissal for one or more of the following causes : a. Immoral—unprofessional conduct b. Inefficiency c. Insubordination—persistent violation of or refusal to obey rules of board or laws of the State d. Neglect of duty e. Incapacity to discharge duties by reason of physical or mental disability 4. Written statement of charges furnished teacher. 5. Hearing before Board; advance notice of time and place required. 6. Teacher guaranteed right of counsel. The law proposed in Minnesota also pro- vides tenure for administrative and supervisory officers. It definitely names superintendents, supervisors, principals, and classroom teachers. Wd cers pals, high rade d to and ison hed ee tl TABULAR STATEMENT OF STATE TEACH Educational and Name of Persona! Qualifica- Dismissal after Probationary Period I State and date tions for Protection | Probationary when law be- Tenure Application under Tenure Period came effective Laws Usual Causes Other Causes Wr hares l 2 3 4 5 6 7 California Indefinite Districts with| Legal certificates | Two years. Immoral or unpro- | Deer 8 or more | for teaching in full fessional nduct of p 192) teachers force and effect, incompete! ev dis¢ and file in the dent unfitne in certa office of the Coun- subordinati teacl ty Superintendent t Schools Colorado Stable and | First class Three years S continuous School Dis- 1921 trict having ) 20,000 or more inhabi- tants. Illinois Permanent. | Cities of | Appointmentsand Three years Cause spec 100,000 or | promotion shall fied 1919 more—Chi - | be made for merit cago. only and after sat- isfactory service. } Louisiana Permanent. | City of New Possession and | Three years. Immorality, neglect Orleans. maintenance of of duty comy 1922 superior qualifica- | tency, malfeasance tions as to moral | or non-teas character, literary | attainments, in- dustry and practi- eal skill in impart- | ing knowledge | and patriotism in | pupils, and good | health. | | Marvland Permanent. | All Mary- | Two years Immorality mis land except | conduct, bord 1921 Baltimore | nation, it peter cy, wilfu eglect | of duty ' | Mass. Permanent. | All of Massa- Three years. Unbecoming con- | Decrea I chusetts ex- duct is the only | number [ 1914 cept Boston. } cause specifically schoo mentioned - ae Montana Indefinite. | Any district Two years | Immoralit infit- I | in the state . ness, incompetency, 1915 or violat iles | f p ci] | I , i ne jay timenncnatnaitianisiinieanticn ets nee New Jersey Permanent Any district | A proper teachers’ | Three years. |Inefficiency, incapac- |Natura lir ution | Signed by per R in the state. certificate in full ity, conduct unbe- | of number ip ns : : 1910 | force and effect. coming a icher in schoo! district charges ‘ | | | other just causes Board I } } . | | bagi | penrsiiltadaiiemapetienl ‘ New York Permanent Uuqualified. Teachers’ certif- One to three | Neglect of duty, in- | Treasonal i Procedut not Re | icate or diploma | years. capacity to teach, | tious acts or utter specified 5 1917. | | from State Nor- | immorality, other | ances mal School or sufficient reasons | State Normal Col- | lege A board of education may prescribe addition- | | al or higher quali-| | | fications | | | Oregon Permanent. School dis- | Two years. | Gross dereliction of Board D tors I tricts pop- duty, misconduct | Superintende 1913 ulation of | on the part of the | r any r | 20,000 or | teacher through Si | more. } der | | | | Dir Ss | | | | ) | —_= | | | / ———— |§ —___ . a“ Wisconsin Permanent. | First class | Four years Cause — not speci- Requir I cities — Mil- fied. Proced 5 t la 1921. waukee. specif ‘E TEACHER TENURE LAWS Vritten Charges verning ed by per s making ges filed wit! ‘d of Educa- edure not fied d Directors; srintendent ny zh Superin- nt. or Board person re*tors ired but dure is not led Procedure for Removal | Notice first; to prin- cipals on or bet ore Feb- ruary First Rea sonable tea- sonable Hearing 10 mmittes f the same. D ndent s pr ege ¢ prese together with coun- sé At the request ol either part such hear g si Commit tee s which he may be tccom panied b a witness Counsel. Board Educatior } nas powe! t« compe wit nesses dD ub poenas Counsel, procedure not speci fied other wist Publie or teacher desires Counsel not more than LO witnesses Procedure not speci- fied. Removin | r I ] 1 I I Pat } So} ( whole d oY Major bers f | rrustee Board Board of Directors Appeal tendent ( mis Kid i St Board sioners ip- pointed by presiding 1age ol cir nt court te No Appea action ol Board of Schoo Directors final. Par i i Jur ‘ for awful ywed t¢ } hares ] i id lay tice saiary rank earing , ssal Referencs Cw ( I Act } pv) se ty lf f > 21, pages 89 Sec. 165-167. 8 plement to 8 Law 1922. Cl 206 State June 1 10n amended tx 1922 pages 168 page 259 Orego Laws 192 420 to 43 121-123 Statutes of Wis consin Sec. 42 Subsections and 19, "uoysog }daoxs s}jasnqoesse yy He 0} ‘Mel Syasnyoessepy 24} ‘esowyeg ydeoxa purAseyy [je 03 Saydde Mel puelAsepy 42 ‘si9qoRI3 S1OUT JO g YRIM $}911}SIP 03 93835 243 yNoYSnoIg) saydde Me erUI0;ITeD 2G] ateeee? | ¢> Ye Pod ® & ° Sq ox + aT O.mUe], Teyove) e42459 ON SEK * 2 °e } @ tees \ S0T31D O31eT sseTt JO eeryy, 03 eTquottddy ae] ertnus] TeyoReoy, e383¢ SEH uoTzvoTTddy epym-03845 JO MBT OtnUe] 19088] e183 SEH INE , 153 Local Legislation Affords Less Security Than State Law In general the provisions made by local rules and regulations for the tenure of teachers show the same trend as the State laws. Apparently the general purpose is to protect the schools and the teaching body from political attack, to guarantee the able and efficient teacher security of position as long as efficiency and good behavior continue. There can be no question that the security afforded by a local regulation is somewhat less than that afforded by a State law. A political group desiring to attack the schools locally could, except where prevented by overwhelming public sentiment and definite counter organization, overturn a series of local rules in an attack upon the school administration. Such rules, of course, become a greater protection the longer they are in operation. A tradition or a custom is more difficult to overturn if supported by an active administration than is such an adminis- tration itself. Cities and Towns Having Tenure Rules Replies to inquiries sent state superinten- dents of schools showed that in 1924 local tenure regulations were in effect in the fol- lowing cities and towns: Alabama Maryland Carbon Hill Baltimcre Arizona Michigan Mesa Detroit Arkansas River Rouge Little Rock Boyne City Fort Smith Kalamazoo Hot Springs Minnesota Pine Bluff Faribault Connecticut St. Paul New Haven Mississippi Seymour Greenville Winchester Missouri Florida Mexico St. Augustine Nebraska Georgia Omaha Atlanta New Hampshire Augusta Dover Columbus Ohio Waynesboro Bowling Green Indiana Girard Noblesville Maumee North Vernon Shelby Survey of Local Teacher Tenure Regulations Ohio— (Continued ) South Carolina Cleveland Charleston _ Oklahoma Tennessee Ponca City Nashville Pennsylvania Texas Butler Honey Grove Philadelphia Sulphur Springs Sharon Wisconsin Rhode Island La Crosse Central Falls Milwaukee Newport Sheboygan Pawtucket Wausau Providence West Allis 154 Special Provisions of Tenure Regula- tions in Cities Located in States Not Having Tenure Laws The variety of provisions together with the essential points of agreement which exist in many local tenure regulations are of particular interest. They should offer many valuable suggestions to those charged with the formula- tion of new teacher tenure laws. ‘The essen tial features of the local tenure regulations obtaining in the following cities are worthy of note: Connecticut Nebraska New Haven Omaha Georgia New Hampshire Atlanta Dover Savannah Oklahoma Maryland Ponca City Baltimore Pennsylvania Michigan Philadelphia Detroit South Carolina River Rouge Charleston Minnesota District of Columbia Faribault Washington St. Paul Itemized Features of Representative Local Tenure Regulations Connecticut—New Haven Charter provision establishing tenure for teachers in the public day schools of the city provides: 1. Probationary period of three years 2. Reasons for dismissal : a. Inefficiency b. Misconduct c. Abolition of position . Suspension by superintendent . Written notice stating reasons . Suspension for misconduct immediate—other causes after 6 months nt w 6. Hearing required on appeal of teacher 30 days notice to teacher required . Right of counsel granted . Principals, supervisors, not inclyded. Georgia—Atlanta 1. Permanent teachers shall serve during good behavior and efficient service Includes principals, supervisors, and heads of departments . Probationary period two years . Teacher may be continued one year on pro- bationary list on recommendation of Superin- tendent . Hearing granted on move to demote or dis- miss if demanded in writing . Demotion or dismissal may be for: . Violation of rules of Board . Insubordination . Misconduct . Inefficiency . Lack of professional progress . Evident unfitness for position g. Good of the service Board reserves exclusive right of final judg- ment 8. Right of appeal specifically granted. Georgia—Savannah 1. Probationary period one year 2. Tenure indefinite, continuing during good be- havior and efficiency 3. Suspension for 30 days or dismissal upon written notice for: a. Persistent neglect of duty b. Serious inefficiency c. Conduct derogatory to the schools 4. Teacher required to give 30 days notice for release. Maryland—Baltimore 1. Teacher removed only on charges 2. Teacher may be represented by counsel 3. Right of trial granted. Michigan—Detroit oon and superintendents y moan o wp 7. 1. Continuing contract 2. May be canceled for cause on 30 days notice 3. Probationary period one year 4. Teachers whose work is unsatisfactory classi- fied as probationary teachers 5. Contracts probationary teachers subject to cancellation on 30 days notice Michigan—River Rouge 1. Tenure by contract during good behavior and efficient service 2. Teacher must give 30 days notice to resign 3. Teacher may be dismissed on 30 days notice for: a. Improper conduct b. Inefficient service. Minnesota—Faribault 1. Probationary period of two years 2. Placed on permanent teacher list if rating of “—_ 155 3. If rated “C” for two years automatically dropped. Minnesota—St. Paul 1. Disrr.issal by mayor and two-thirds of council on complaint of superintendent or by commis- sioner of education on his own motion 2. Charges in writing 3. Teacher has right of reply which with charge becomes permanent record 4. Removal for cause only 5. Teachers serve during efficiency and good behavior 6. Council may provide for probationary period. Nebraska—Omaha 1. Teachers may be given “permanent” tenure after 5 years—if three years of this has been as “elected” teacher . Others elected each year . “Permanent” teachers continue in position until position is vacated by their own action or that of the board or the teachers committee. New Hampshire—Dover 1. Probation two years 2. Permanent tenure except in specific case in which superintendent shall recommend annual election. Oklahoma—Ponca City 1. Probationary period two years, which may be extended for those who do not meet estab- lished standards and requirements 2. Teachers on permanent list serve indefinitely unless notified otherwise in writing by March 15. Pennsylvania—Philadelphia 1. Probationary period one year (may be ex- tended one additional year) 2. Indefinite tenure 3. Dismissal only upon charges 4. Causes of dismissal: a. Inefficiency b. Insubordination c. Other causes of serious nature 5. Hearing granted 6. Investigation by Committee on Elementary Schools 7. Notice of hearing sent teacher of time and place 8. Charges must be sent teacher in writing 9. Tenure does not apply to executives South Carolina—Charleston 1. Indefinite tenure with no probationary period 2. Dismissal on 30 days notice. ba ag oe men Pp. ©. 1. Probationary period one year . Tenure during good behavior and efficiency . Hearing granted . Right of counsel and presence of one addi- tional friend granted . Rating of “unsatisfactory” one year brings warning; a second year teacher loses bonus; the third time longevity pay wn Teacher Tenure in Nine European Countries Appears More Secure Than in America Indefinite teacher tenure with service dur- ing efficiency and good behavior is practically universal in the best school systems of Europe. This statement is based on data secured from the embassies at Washington of those Euro- pean countries which rank higher in literacy than does the United States. Table 7 shows the order of rank of these countries in per- centage of illiteracy of the total population. The embassies of each of the countries listed in Table 7, including Finland were asked these questions : 1. Who appoints teachers in the schools of your country that are supported wholly or principally through public taxation? 2. Are such teachers reappointed at regular inter- vals, such as once every year, or are they appointed to a position for an indefinite period so long as they give satisfactory service? Teacher Tenure Provisions in Foreign Countries 3. For what causes may a teacher be removed from his position? 4. What difference is there in the regulation af- fecting the appointment and tenure of teachers and those affecting the appointment and tenure of super- visory or executive officials in the schools of your country ? Table 8 summarizes their replies. It shows that the teachers in the educational systems of European countries, where a high degree of school development has taken place, are much more completely protected by tenure than are the teachers of the United States. No such policy as the “hire-and-fire” practice, common in many of our States, exists neither is there such a thing as a “yearly contract” plan of election for teachers. Table 8 shows that the teaching profession in those countries, in which illiteracy is very nearly abolished, seems to be upon a very stable basis. ‘The itemized tenure provisions, enumerated by the embassies for their respec- TABLE 7.—ILLITERACY IN THE UNITED STATES AND FOREIGN COUNTRIES ’* | Percentage of a SOOO EEE EEE EEE HEE THEE EEE HEHE EEE EEE EEE ESE EE HEHEHE HEHE EERE EHH HEHEHE HH HEED COOPER OOH EEE EEE EE HEE EHH EEE HEE EEE EERE EEE SET EEE EEE HEHEHE HEHEHE EEE HEHEHE RRO ERE EERE REE EERE EEE REE EEE EEE EEE EEE EEE EEE E EEE HEE HEHE EEE HEED CORREO REESE HEHEHE HEHEHE HEHE EHH H HEHEHE CORSET EH EEE SHOE EHH EEE HEHEHE EEE EERE EEE ES EEOH HEH ESE EH EHEE HEHE HEHEHE HEHEHE CORSE EERE ESO EE EEE EH EEHE EEE EEE EEE EE EEE REEES HEHEHE HHH HEHEHE OES TREE TT ee | ee et et et Or o Sc 1 These rom three Cubberley—H istory received by mtlonnt nal Educatio ye ucation Association during Soil, 029, “3 (c) Wor Binection, P- 714; (b) Communications from foreign legations Almanac, 1922, p. 724. TABLE 8.—TEACHER TENURE PRACTICES IN FOREIGN COUNTRIES Are Executives and Norway....... Indefinite during satisfactory service Sweden.......- Indefinite after probation Great Britain.,.| Indefinite France. ......+ Indefinite during satisfactory service won Be warning—crime or without warning Country Tenure Dismissal Supervisory Officers Inciuded? Germany...... Life For cause Yes k d List ice, | Far , No d woeeee luring sa‘ service, or cause o data Denmar indie, = : a Switzerland....| Differs in the several cantons For cause ; No data occurs. .+++| Indefinite cause A tly included fe - Unlimited after two years probation For cause — Ese For cause Yes Age retirement For cause after warning with right of | No data appeal For cause Yes Age retirement For cause—cases rare Yes 156 ~ = Qu. tive countries, show that age retirement with pension seems almost universal. Furthermore no distinction is made between executives, supervisors, and teachers in tenure and dis- missal provisions. Specific Provisions of Appointment, Tenure, and Dismissal of Teachers In Foreign Countries Germany 1. Teachers in German public schools are ap- pointed by the State with the codperation of the municipalities. 2. Teachers in public schools have the rights and duties of State officers. Like all other State officers they are appointed for life, receive pension, etc. 3. Teachers in public schools may be retired on account of inability, inefficiency or old age. They may be removed after disciplinary or criminal pro- ceedings. 4. No difference, all these classes of teachers and officials being considered State officers. Denmark 1. The highest officials in each school: director of school (Skoledirektgr), inspector of school (Skoleinspektgr), principal teacher (Overlaerer) are appointed by the king on the proposal of the Department of Education. Other teachers are ap- pointed by boards of education. 2. Excepting teachers of some schools in the country for very small children, special winter schools, etc., teachers of the Municipal Elementary Schools are appointed to a position for an indefinite period so long as they give satisfactory service. 3. A teacher can be dismissed against his own desire for several reasons: Lapse of membership in the Danish national church (the Lutheran church) ; incompetency; proved misbehavior; ill health, especially a contagious disease; and attain- ment of age of 70. , 4. The supervisory and executive functions are carried out by officials appointed by the Depart- ment of Education. Switzerland 1. Teachers of the public schools in Switzerland are appointed either by the municipal assembly or, in cities, by the town council, and in certain locali- ties by the school board. 2. Teachers are appointed for a term of four to six years, appointments for an unrestricted period are known only in Bale-City. 3. A teacher may be removed for the following reasons: Undutiful and improper conduct or be- havior which is incompatible with the position of a teacher. In the cantons where pension laws exist, teachers are pensioned off in cases of long illness or decrepitude; otherwise, as a rule, at the age of 70. 157 4. Supervisory or executive officials and members of the School Board are nominated by the mu- nicipal assembly, or the town council, usually for a period of four to six years. Netherlands 1. In the schools supported out of the public funds of the Central Government the teachers are appointed by Her Majesty the Queen, while in the schools supported out of the funds of the Munici- palities, they are appointed by the Municipal Coun- cils. 2. The teachers are appointed for an indefinite period. 3. A teacher can be removed on account of in- efficiency or bad conduct. Finland 1. Teachers in the public schools of Finland are appointed by a Board of School Directors. Ac- cording to the Finnish laws, such a Board must exist in every parish or city. The appointment of a teacher must be affirmed by the Inspector of Public Schools in each district, but in case of con- troversy between the Board of Directors and the Inspector, by the Board of Schools of Finland in Helsingfors, which is the highest school authority in the country. 2. Teachers are first taken on trial for two years, and only after that do they get the final appoint- ment which is for an unlimited time. 3. A teacher can be removed from his position if he, aiter having been warned or suspended for a limited time from service, continues to be neg- ligent or imattentive in his work, or he can be removed directly without any warning if he, through immoral living, endangers the welfare of his pupils or committs a crime. 4. The members of the Board of Schools of Finland are appointed by the President for an unlimited time as generally are all officials in Finland. Norway 1. In the primary schools the teachers are ap- pointed by a School Council (“Skolestyre”) which is in operation in every parish and town. The successful passing of an examination at a public training college for teachers is a necessary con- dition for permanent appointment in a primary school. In the secondary schools which may be public, municipal or private and which build on the primary school the teachers are appointed by the government. A university education is a con- dition for permanent appointment as assistant master or mistress (“lektor”), or principal (“rek- tor”) in secondary schools, but in the lower forms teachers with lower academic qualifications are also employed. 2. The teachers are appointed for an indefinite period so long as they give satisfactory service. 3. A teacher may be removéd from his position - for incompetence or failing health, but this is very rarely done. Teachers have an “old age limit” and have to retire at the age of 70 and 65 (men and women respectively}. They belong to the State Pension Fund (“Statens Pensionkasse”) and re- ceive an annual pension on their retirement. 4. While teachers in primary schools are ap- pointed by the School Council the “school inspec- tor” supervising the schools of the municipality is appointed (permanently) by the Municipal Board. The “school directors” (usually one for each diocese) are appointed by the Government. Through the medium of the “school directors” the school councils are in connection with the highest educational authorities, the Ministry of Education, where there is a special department for primary schools. Sweden Each elementary school must have at least one regular (ordinarie) teacher. Only fully qualified elementary school teachers are entitled to apply for this post. The applications are submitted to the School Board, who may examine one or more of the applicants, afterwards placing three of the names on a nomination list in order of merit. The election is made by the Vestry Meeting. Non-regular teachers are engaged by the School Board conditionally for a certain period, or pro- visionally. As regards teachers in infant schools, the Vestry Meeting and the School Board can make regulations, whereby these teachers obtain a more permanent position. A regular elementary school teacher cannot be deprived of his post except for flagrant incapacity, unwarrantable neglect of his duties or gross mis- conduct. In such a case he receives a warning from the School Board. It is only after he has neglected to act on that warning that the School Board can dismiss him. The teacher can appeal from the warning and from the dismissal to the Diocese Board (stiftsstyrelsen), and ultimately to Government. Great Britain 1. In schools maintained entirely by public funds, the appointment and dismissal of teachers rests with the Local Authorities, i. e., the Council of every county and of every county borough, who were appointed Local Education Authorities under the Education Act of 1902. 2. In the case of voluntary schools (i. e. Denom- inational Schools partially supported by public funds), the Act of 1902 gave the appointment of pupil teachers to the Local Education Authority ; also power to veto the appointment of other teach- ers who were unsuitable on educational grounds, and to require the dismissal of teachers on like grounds. As regards secular education the de nominational schools are under complete contro! o! the Local Education Authority. 3. Teachers are appointed for an indefinite period —that is, until superannuation, but may be removed from their position on the usual grounds of incom petence or undesirability. Each case is, of course, considered on its own merits. 4. The Board of Education for England and Wales and the Committee of Council on Educatior for Scotland appoint the government inspectors of schools, and their tenure of office terminates with superannuation. France Teachers are appointed by the Minister of Public Education in person or through his delegates. a. University professors are appointed by the Minister of Public Education. b. “Lycée professors” are appointed by the Minister of Public Education. c. Primary school teachers, gallice, “institu teurs publics” are appointed by the “prefects”’; that is to say, by the Governors of the “depart ments”, upon recommendation of “primary school inspectors” and “académie” inspectors. (Préfets are appointed by the President of the French Republic on advice of the Ministry of the In- terior) ; France is divided into 89 “departments.” 2. All primary school teachers and Lycée pro fessors, as well, are appointed for an indefinite period, as long as they give satisfactory service; the tenure of office may vary from 25 to 30 years 3. No teacher can possibly be removed from office, unless he has been found guilty of a very grave misdemeanor. Removals are very rare, and cases carefully investigated. 4. Supervisory or executive officials, i.e. “pri mary school inspectors”, “Académie inspectors” and “lycée Proviseurs” (principals) are appointed by tie Ministry of Public Education for an in definite period, as long as their services are satis factory. It must be borne in mind that the removal from office of a French public teacher, or, when it comes to that, of any other French State official, is a most serious matter, as the holder of a State ap- pointment may appeal for redress to the “Conseil d’Etat”, whose decisions are final and whose or- ganization and functions have been greatly admired by foreign observers. prevail, and t p. 328. FFECTIVE administration of a school system can be most easily secured when the teacher can work with the certainty of a compensation on a fixed scale, with- out radical and violent fluctuations, and when the general principles of civil service ers are retained during efficient service and good behavior.—A. G. Lane. Addresses and Proceedings of the National Education Association, 1922, 158 A Defensible Standard of Merit for Teacher Tenure Tenure Should Tend to Retain Able Teachers and Eliminate Unfit Should the teaching profession and those intimately allied with it in the support of the public schools advocate and promote teacher tenure? ‘The mass of data submitted implies an affirmative answer. ~ Undoubtedly, the pro- fession and the supporters of the schools can and will promote such measures as are clearly in the interest of the schools and the youth of America—such laws as will protect and retain in the work of teaching able and growing teachers and eliminate the unfit and incom- petent. What Are Just Causes for Dismissal of Teachers? With the standards already established by the several State tenure laws, and many local regulations as a basis, a tentative list of possi- ble causes for dismissal was incorporated in a questionnaire. These causes are listed in Table 9. TABLE 9.—_TENTATIVE LIST OF POSSI- BLE CAUSES FOR DISMISSAL Cause number Statement of cause 1 Manifest or proved physical disability. 2 Proved lapse of moral character. 3 Proved insubordination to reasonable rules and regulations of employing authority. 4 Continued criticism of employing author- ity or superior officer. 5 Continued failure to grow professionally and improve in service. 6 Continued inability to maintain—disci- pline in classroom (teacher), organiza- tion of school (principal), or organiza— tion of system yy ae ef Continued failure to develop skill in in- struction. 8 Continued failure to secure results in subjects taught as measured by stand- ard tests. 9 Continued friction with co-workers. 10 Continued friction with parents and patrons. 11 Lack of self-control. 12 Lack of sympathy with children. 13 Lack of promptness and ——- 14 Untidy personal appearance and lack of cleanliness. 15 Habitual use of poor English. 159 The Committee of One Hundred on the Problem of Tenure set out to answer moot questions of tenure by appealing to a large number of members of the profession and to intelligent members of the lay public. To both these groups the Committee sent its questionnaire, including the fifteen possible causes for dismissal contained in Table 9. A compilation of professional and lay opinion, expressed in writing, was thus secured in answer to the question: When should teachers be dismissed? ‘This survey presents a more just basis for provisions of future tenure laws and action of school boards than does the usual isolated opinion of individuals often given at a time of stress and hence prejudiced. A Representative Survey of Professional and Lay Opinion as to Causes for Dismissal Those to whom the questionnaire was sent were asked to check these possible causes for dismissal, if they believed them to be such, either singly or in combination with other causes. These questionnaires were sent to 3169 members of the teaching profession and 419 laymen. ‘The laymen were chosen by asking each state superintendent to send a list of ten names of distinguished citizens espe- cially interested in the public schools who might be willing to answer such a question- naire. To these lists were added the names of the state presidents of the mothers’ clubs and parent-teachers’ associations. The distribution of questionnaires to repre- sentative groups of the teaching profession was widespread. The returns presented al- most a cross-section of the mind of the teach- ing profession. In reply to the questionnaires sent to the professional and lay groups listed in Table 10, 2112 returns were received. The vote of each group is recorded in Tables 11 to 21. Column 1 in each of these tables lists the possible causes for dismissal given on this page. TABLE 10.—SCOPE OF VOTE ON POSSIBLE CAUSES FOR DISMISSAL No. of questionnair: Professional and lay groups Sent Returned | P Classroom Teachers (Sent to officers of classroom teachers’ organizations affiliated with N. E. A.—11 to each organization). = Superintendent of Schools SS, to all city superintendents in cities of 2 25,000 population or over, and to 61 cities of 000 to 25,000 population) Prinai Bent to list of 10 laymen from each State submitted by State Superintendents) Presidents of Teachers’ Colleges (Sent to all presidents of teachers’ colleges in the United States). Deans of Schools of Education and College Professors (Sent to all deans of schools of education in the United States). Presidents of Colleges and Universities. . 7 (Sent to presidents of State universities and large private and endowed colleges and uni- versities). County Superintendents (Sent to all ccunty superintendents in California). State Superintendents (Sent to all State Superintendents in the United States). Presidents of Parent-Teachers’ Associations (Sent to the State presidents of all parent-teachers’ associations in the United States Presidents of State Teachers’ Associations <,. mE Bee TABLE 11.—CLASSROOM TEACHERS’ VOTE ON POSSIBLE CAUSES FOR DISMISSAL Total Ballots—1024 Number voting for a each cause of dis- | Per | Number voting _ Per | Number veting Per | Number voting for in connection with one missal without ref- | cent of against as cause | cent of | for with special cent of list erence to any other | total of dismissal total | modification a cause CBNAoaP ctor teuuesessnes 5.08 | 69 | | Read Table i as eo Out of 1024 classroom teachers voting for Cause No. 1 (Manifest or proved physical disabil reference to any other cause), 572, or 55.85 per cent, voted that this was a cause for dismiss a cause of Two hundred iapene classroom teachers, or 23.53 per cent, voted that it was not a sufficient cause, etc. NDOUBTEDLY the teacher cannot be expected to do her most efficient work, if she is to be obsessed annually with anxiety as to her re-appointment. Obvi- ously the public is entitled to protect and promote the progress of its educational system by such safeguards that the elimination of the incompetent teacher will not be difficult. A satisfactory system of tenure must be just to both sides—the teacher and the public; it should relieve the good teacher of anxiety for the future; it should promote contentment and stability; it should protect the efficient teacher and weed out the incompetent; above all, it should, together with the other forces mentioned, promote and encourage efficiency—I. L. Kandel, Teachers College Record, October, 1924, pp. 135-136. number r Total I TABLE 12.—CITY SUPERINTENDENTS’ VOTE ON POSSIBLE CAUSES FOR DISMISSAL Total Ballots—295 Number voting for | each cause of dis- | Per Number voting | Per Number votin Per sumbes voting Ser te Per —_ | missal without ref- | cent of | against as cause | cent of | for with special (cent of oa aan listed 4 © | cent of number | erence to any other | total of dismissal total modification total —— “ total cause TABLE 13.—PRINCIPALS’ VOTE ON POSSIBLE CAUSES FOR DISMISSAL Total Ballots—291 | Number voting for ae , C | each cause of dis- | Per | Number voting | Per Number voting | Per pienso ee Ye mn) Per ~ 4 | missal without ref- | cent of | against as cause | cent of | for with special | cent of - i om listed y =0q cent of number | erence to any other | total of dismissal total modification | total - — total cause — 4 0 ON obo Bo es SB ST OO WOW Crh who bo oe ft ek ed el fh hf ee fet eet et w TABLE 14.—LAYMEN’S VOTE ON POSSIBLE CAUSES FOR DISMISSAL Total Ballots—149 Number voting for : each cause of dis-| Per | Number voting | Per | Number voting | Per Zembas voting for - | missal without ref- | cent of | ageinst as cause | cent of | for with special | cent of of mare | a 1 — erence to any other |_ total of dismissal | total modification total fe. — cause SCOnNDorwohde TABLE 15.—VOTE ON POSSIBLE CAUSES FOR DISMISSAL BY PRESIDENTS STATE TEACHERS COLLEGES AND NORMAL SCHOOLS Total Ballots—121 | Number voting for ie Cause | cach cause of dis-| Per | Number voting | Per | Number voting Per | (yetection with om number | Missal without ref- | cent of against as cause | cent of for with special cent of a er erence to any other total of dismissal | total modification total | ee B- ed de cause f ~ — ~ Co = WO mm Go Go D Ortho COIR m oto ee £58 — OO mo TABLE 16.—VOTE ON POSSIBLE CAUSES FOR DISMISSAL BY DEANS OF TEACH ERS COLLEGES, PROFESSORS OF SCHOOL ADMINISTRATION AND OTHER COLLEGE PROFESSORS. Total Ballots—72 | Number voting for a each cause of dis- | Per Number voting Per | Number voting Per cones voting fer . missal without ref- cent of against as cause cent of / for with special | centof | [vires listed de modification total Fence Cause number erence to any other total of dismissal | total | ~ ~ S CeOnoakwnwre - NOK auonew peer Peto > SUSELELISS TABLI sez Total |] —" - SSSSSRSL ESE a SSNESSNBSSEEses Cause number HERE isa... . path which will guard the rights of the teacher and yet insure the schools against deterioration. This lies in a periodical taking account of stock. If, after the first few years of probation, the teachers should be subject to a re-evaluation of their services every five or six years, they would have all the advantages of permanency without being tempted to settle back on their oars and drift with the tide. No really live teacher could object to having her work stand on its merit, after sufficient time had passed to show what she was accomplishing Such a review of one’s teaching service should, of course, be based upon some scien tific method of rating, and a fair opportunity should be given a teacher who proved to have been retrograding to re-establish her record. That has been successfully accomplished in many places, and renders the suggested plan both safe and effective —Editorial, Educational Review, December, 1923, pp. 285-286. TABLE 17.—VOTE ON POSSIBLE CAUSES FOR DISMISSAL BY PRESIDENTS OF STATE UNIVERSITIES AND COLLEGES Total Ballots—57 Number voting for ¥ each cause of dis- Per Number voting Per Number voting Per sini ith . r oes missal without ref- | cent of| against as cause cent of for with special | cent of | (MECC tu. Wil) On© cent of number | erence to any other | total of dismissal total modification total nudes f r = = total ects cause Number votingforin pp, TABLE 18—COUNTY SUPERINTENDENTS’ VOTE DISMISSAL Total Ballots—49 Number voting for Number votir Cc each cause of dis- Per Number voting Per Number voting Per aie — — ome missa] without ref- | cent of | against as cause | cent of | for with special | cent of pig es ay he , erence to any other | total of dismissal total modification total a cause TABLE 19—VOTE ON POSSIBLE CAUSES FOR DISMISSAL BY STATE SUPERIN. TENDENTS OF PUBLIC INSTRUCTION Total Ballots—39 Number voting for Seer votine t Cause each cause of dis- Per Number voting Per Number voting Per cihdaion, — py number | Missal without ref- | cent of against as cause | cent of for with special | cent of ae aeere Mated de- erence to any other total of dismissal total modification total pH ' cause ~ _ = w Ne bo Ore to Or Or SIS lertarted hers “IT 7 b9 Questions on Teacher Tenure Answered by Tabulation of Mass Opinion The tabulation of the returns from the 2112 members of the profession and laymen in close touch with the schools would seem to indicate: I. The teaching profession stands for a policy of teacher tenure and protection of competent and able teachers in their positions. II. The teaching profession would elimi- nate the incompetent and the unworthy. III. Tenure measures should provide for dismissal for such causes as: 1. Manifest or proved physical disability. 2. Proved lapse of moral character. 3. Proved insubordination to reasonable rules and regulations of employing authority. 4. Continued inability to maintain dis- cipline in classroom (teacher), organization of school (principal), or organization of sys- tem (superintendent). IV. The lay public would make the list of specific causes upon which dismissal should be based much larger than the members of the profession. (It is doubtful if the lay pub- lic understands the issues involved in teacher tenure or sanctions the policy advocated by the profession. ) V. These returns would seem further to indicate that a reasonable and defensible tenure law should provide the following: TABLE 20.—VOTE ON POSSIBLE CAUSES FOR DISMISSAL BY PRESIDENTS OF STATE PARENT TEACHER ASSOCIATIONS Total Ballots—15 1. A period of probation of one to years. 2. Tenure during efficiency and ; havior. 3. Dismissal only upon proof of caus after trial in at least two schools apply to any cause except proved imm 4. Right of hearing. VI. Recognized causes for dismiss Proved physical or mental incapacity { forming the duties of teaching. 2. P immorality. 3. Proved disobedience laws or reasonable rules prescribed management of the schools. 4. Inabilit maintain discipline or to secure and maint the organization of the school or syst case respectively of teacher, superintendent. principa Table 21 summarizes the vote of all on all fifteen “possible causes for disn Each of these causes was supported | per cent or more of all of the members or more of the groups voting on the quest of causes of dismissal. Over fifty per cent the laymen held that each of the fifteen was a justifiable cause for dismissing a tea In contrast, class-room teachers, princi; and State Superintendents, voted that four of the fifteen causes grounds for dismissal. were suliicient Doster setias Br number without ref- erence to any other cause cent of total Cause | each cause of dis- | Per Per missal i cont a6 / Number voting | Per Number voting for in | or more listed de- q | odification total feate ~ & a 8 ea8e & — COMNOCuUrwhe — SESSSSSS SSSs s SSSSSSSSSELSSSS BBeeseeeeskeses WWWARWA NNNKRK eK OO Ke Oe | oll andl and NEE OWWNNN ROR e for with special | cent of | connection with one sy P m OTAL NUMBER IN EACH GROUP VOTING FOR EACH CAUSE OF DIS TABLE 21.—NUMBER VOTING AND PER CENT OF T MISSAL LISTED xd JO OsN [UNIIQuET “ST ssou sod Aprju } 1908 pus ssoujyduI0ld J sdnoi3 _ . . ’ uerpii qo qa AyqyedurAs jO YOU] ‘ZI sdnoiz ¢ — JO1}U00-J]98 JO YOu] “TT sdnoi vis suoij}ed pus syuered YzIM WOTZOLI] ponurzUOy “OT sdnos3 — SI9YIOM-O9 YIM WOOL] ponuyUuoCyD 6 8389} prepueys Aq Poinsveul sv 4yFNey fqns Ul Sj]/NSel GINS 03 ain[ley penurzu sdnoiz . WOTPONIPSU! UT [Ts dopsaep 07 sIN[Iwy ponuyWwoD Y1$° RQ | sdnoid Ty J : ; ‘ d CRP 4 se | | , g | eUT|dIOSIpP UTeJUIeUT 04 AZITIGQuU! ponuT}UOD “9g sdnoi8 { 2) @OIAIOS Ul eAOId -WI pus Ajyeuorssejord MOIZ 0} OIN[IV] penuIUoOY “¢ sdnoiz ¢ ; ) 8. Ja0qjo sotedns . ) 1o Ajisoyyne ZutAojdure jo UIsIOIIIO penuUoD “F gg |sdnozd [Ty | “4 2 | | 89 | $0} | 82] 82 | 82 | =) Ayioyyne ZurAopdure jo suornepnFses . > ; ; ; B Sani o[qvUOsBel 0} UOIJBUIPIOGNSU! poAaoig “¢ 8°06 | sdnoi3 Ty 19}0BIVYO [BIOUI JO osdul peaorz °Z sdnoi3 [TV s Aypiqustp peorsAyd peaoid 10 ysoprusyy *T | ZIIZ — THIOL zeyovey, | syuepue; | sjuepue; | pus sey | ssossey | ss0yovey | sjedio «=| «syuepue3 ~jereg | -wuedng | -uedng | -issoamup | -01g pue | josyuep | uewdey | -uNq | -uedns woos jo sjuep | eS Ayunod jo sjuep suveg | ~180lg | sug -SsBID -BID0sSy | seBeTop seZe]]09 SI9YIVO I] [eSstuIsiq 103 esneD -1801d | “801d | | | | | aaLSIT TVSSIW ASONVO HOVA AOA ONILOA dNOaAD HOVE NI ASZAEWON TVLOL 40 INAS Yad AGNV ONILOA AREWNN—Il2 ZIAVL Do Teachers Protected by Tenure Set for Themselves High Standards of Professional Achievement and Growth? No tenure measure would be complete, nor what the teaching body can consistently con- tinue to defend before the public, unless it provides further for a standard of professional achievement and growth. The 1924 Com- mittee of One Hundred on the Problem of Tenure found that teachers’ organizations recognize this. As proof, witness the pro- visions of the bill proposed by the Ohio teachers: Proposed standards to be required for teachers on indefinite tenure in Ohio: 1. Elementary and _ special—graduation from first-grade high school and two years’ normal school or college work or equivalent. 2. Superintendents of schools, assistant superin- tendents, county or district superintendents, high- school principals, elementary principals, supervisors or high-school teachers—graduation from first- grade high school, four-year college course’ or equivalent. 3. State superintendent must prescribe a mini- mum of such study for professional growth as seems necessary. Districts may add to these re- quirements. Observe also the recommendations of the Oregon State Teachers’ Association in sug- gesting amendment to the teacher tenure law of that State: No person shall be entitled to the privilege and protection of this Act who does not hold a cer- tificate in full force and effect of the grade re- quired for the position: For the elementary school teacher, principal, or supervisor: Graduation from a standard nor- mal school or its equivalent. For the high-school teacher, principal, or super- visor: Graduation from a four-year standard college or university, or its equivalent. The equivalency of the qualifications of a non- graduate for certification shall be decided by the State superintendent of public instruction. Here is further proof that tenure tends to raise professional standards and growth. For example, definite constructive provisions have been established by the rules and regulations of the New Orleans Board of Education in compliance with the State Tenure Law. These superior qualities entitle teachers to tenure: . Moral character. . Literary attainments. . Industry and practical knowledge . Discipline. . Inculcation of truth, honest control, patriotism. 6. Good health Every Tenure Law Should Includ Standard of Professional Att ment The Committee of One Hundred mends the inclusion of a standard fessional attainment in every propose law. This standard should be adapt practical way to the school requireme: each State. The examples furnished a remarkable degree a tendency on of the teaching profession to establis} standard for professional growth and ment for all members of the teachin: sion, especially those to be protected Validity of Method of Appeal t vailing Opinion Is the “jury method” or the methoa peal to prevailing opinion, valid? W sons answering points upon a questior such as that submitted in the foregoin tigation, answer from conviction answers differ materially if the same are submitted at a later date? The results of this investigation for dismissal of teachers were checked mitting the same questionnaire a second to an unselected list of one hundred city superintendents of schools to whon questionnaire had been originally subn An interval of approximately four mont! elapsed between the first sending of th tionnaire and the second. Eighty out of the one hundred supe: dents to whom the questionnaire was se second time returned the same with ansv Each questionnaire contained fifteen quest A total of twelve hundred answers in a! thus returned. (It will be remembered tailure to check a question in the colum: the blank submitted registered a negative upon the defect as a cause for dismissal. ) Twelve out of 80, or 15 per cent. of As : of On the fol peen a for the gation: ALEXA Espe Educ pp. 8 ALMA( Ame Nove \ MERI SORS. Crcene Free Volu AMERI New ANDER Mad struc \ NDER Edu Volt BALLO ers Pre: BEALE gini: 1915 superintendents answered 5 or more questions as a cause for dismissal. These were ques of the 15 differently. No. 1, No. 2, No. 3, and No. ¢ Sixty-eight out of 80, or 85 per cent, of the [hirty-two out of 320 quest or 10 per superintendents answered 10 or more of the cent, were answered different questions the same as in the first returns. [wo hundred and eighty-eight out of 320 ] “7 . - . . In all, 256 questions out of 1200 questions, questions, or 90 per cent, wert Swe i the or 21.3 per cent, were answered differently. same as previously. € a Nine hundred and forty-four questions out Four superintendents out of 80, or 5 per ain- of 1200, or 78.6 per cent, were answered the cent, answered more than one of the four prin same as previously. cipal questions differently. = By the vote returned there were four major Seventy-six superintendents out of 80 5 vi questions; that is, four questions upon which per cent, answered three or more of the ques t , ‘a , . . . vure all groups voted favorably by a majority vote the same as previously m oh Bibliography on Teacher Tenure As a result of the work of the Committee Benepicr, Ernest M. Reas ° ras . r( > ) Fi e fo j of One Hundred on the Problem of Tenure, Tenur | Upice for he foll I i bibli hy |} lex, Volume 6. November 28, 1919. py 2 ring comprehensive bibliography has 12 , : the following comprehensive bibliography ha 9. 1A" ee Aliens Dihea! Bos nal re- been assembled. Tche Committee passes it on Volume 60. November 13, 1919. pp. 24 for the help of all those charged with investi- gations in the field of teacher tenure. Benson, Cuartes E. The O1 ) 7s for Teachers 1922 V : di ae ; af ork. Baltimore ar d ALEXANDER, W. J. Teachers’ Term of Office York, Baltimore, Maryland ie Especially in North Dakota. North Dakota . ae eh s Education Association. Proceedings. 1912. PEN TS ae, > He manne Fes 4 pp. 89-93 Teachers American School Board ] Volume 60. January 1920. p. 85 Autmack, J. C. The Problem of Teacher Tenure. r ' 2 2 “ ] rer Se ~ . 0 4 Volun American School Board Journal, Volume 63 BE: R SCHOOLS. / enti F, tun November 1921. p. 29. 2. September 1916. pp. 172 ’ 30 NI y ary Jutlook ro? j “ AMERICAN ASSOCIATION OF UNIVERSITY PRrores- epee. H * - oa _ Vol a c > ‘ i¢cacnhers. wc > -W o1u)4n U0 sors. Annual Address of the President and 1922 ’ 414. = ian me General Report of the Committee on Academic - a _™ , Freedom and Academic Tenure Bulletin, R FD. The I ; Volume 1, Part 1. December 1915 ne Com ry hntahiall — } Compulsory Salary Increment Law Journal . New York State Teachers Association, \ 6. November 13, 1919. pp. 249-55 AMERICAN ScHoot Boarp Journar. Chicago's Newest Difficulty. Volume 53. July 1916. p. 32. Brooks, Ropert C. Tenure in *rsities. School and Society, Volume 19. Apr 26, 1924. pp. 497-501. Anverson, C.J. Status of Teachers in Wisconsin. Madison, Wisconsin, Department of Public In- struction. 156 pp. Burr, A. W. “March.” Wisconsin Journal Education, Volume 51. April 1919. pp. 112-13 Anperson, W. N. The Selection of Teachers. Educational Administration and Supervision, Volume 3. February 1917. pp. 83-90. CARNEGIE FOUNDATION FOR ADVANCEMENT Ol Battou, Frank W. The Appointment of Teach- PRA HING. Tenure of O fi é an 1 the Method of ers in Cities. Cambridge, Harvard University ppointment in American Colleges and | od Press. 1915. p. 202. rsities. Bulletin No. 21. May 1908. pp. 55-57 Beate, R.L. The Selection of the Teacher. Vir- Cutvs, Epwarp P. The Selection of Teachers. ginia Journal of Education, Volume 8. February American School Board Journal, Volume 53 1915. pp. 292-6. November 1916. pp. 17-19, pp. 70-71. 167 Cooper, H. E. Cost of Teacher Training. Balti- more, Warwick and York. 1924. 112 pp. Crapse, A. L. A Study in Teacher Transiency. Peabody Journal of Education, Vol. 1. May, 1924. pp. 295-300. CusBertey, Errwoop P. Public School Adminis- tration. Chicago, Houghton, Mifflin & Co. 1922. pp. 198-224. , AND Exnurott, E. C. State and County School Administration. New York, Macmillan Co. 1915. pp. 607-627. DeGrarFr, Grace. Tenure of Office for Teachers. American School Board Journal, Volume 51. November 1915. pp. 10, 71. Derster, F. S. Principles of Academic Freedom and Tenure of the American Association of Uni- versity Professors. Annals of the American Academy of Political and Social Science, Volume 101. May 1922. pp. 127-37. Dott, M. L. The Tenure of Teachers in North Dakota State Institutions. North Dakota Edu- cational Association Proceedings. 1916. pp. 50-55. Draper, ANDREW SLOAN. Necessary Basis of the Teacher's Tenure. Syracuse, New York, C. W. Bardeen. 1912. 41 pp. Exurott, Cuartes H. The Life Tenure. Ameri- can Schoolmaster, Volume 8 December 1915. pp. 433-42. ——. The Teachers’ Tenure of Office; In his Educational Reform. pp. 49-58. Eurot, Cuartes W. Effect of Permanent Tenure Upon School Efficiency. Educational Review, Volume 66. December 1923. pp. 285-286. Fercuson, JAMEs. Improving the Tenure of Teachers. American School Board Journal, Volume 61. September 1920. pp. 35-36. Harr, Wruuz1am. The Tenure of Teachers. American School Board Journal, Volume 65. October 1922. pp. 106, 117-18. Housman, Ipa E. Tenure Once More. Educa- tional Review. Vol. 68. October, 1924. pp. 118-122. Hunkins, R. V. Teachers’ Contracts. School and Society, Volume 11. January 3, 1920. pp. 25-27. Ipano Teacuer. The Tenure of School Teachers. Volume 3. October 1921. pp. 63-69. Intrnots Treacuer. Teachers’ Tenure Volume 6. September 1917. p. 10 Intrnots University. The Selection and ment of High School Teachers. Illinois Bulletin, Volume 13, No 1916. 12 pp. Jupp, Cuartes H. The Prof. of Appointments by Teachers’ mentary School Journal, Volum: pp. 442-48. Judging the Competen School Review, Volume 30. January 3-6. Kanopet, Isaac L. Tenure of Ser Teachers College Record, Volum October 1924. Keirn, Joun A. H., ann Baciey, WILL! The Nation and the Schools. Macmill pany. 1920. 323 pp. NATIONAL EpucaTION ASSOCIATION 1201 teenth Street, Washington, D. ( F. Teaching Tenure. Department of Su tendence. Proceedings. 1916. pp. 165-68 FEerGuson, JAMES. The Tenu Teachers. Addresses and Proceeding pp. 158-60. Gwinn, J. M., anp Crarx, M. G Selection and Tenure of Office of A Superintendents and Supervisors. Address Proceedings. 1913. pp. 303-7. DEPARTMENT OF SUPERINTENDENCI Yearbook. February 1923. Swain, Josern. Preliminary Re} the Tenure of Teachers. Addresses and ceedings. 1920. pp. 147-54. Wiurams, Cuart O. Report Committee on Tenure. Addresses and Pro ings. 1921. pp. 145-55. Also in Sch Society, Volume 14. September 3, 1921 129-36. Research BUuLietin or THE N Facts on the Cost of Public Education and VV) They Mean. Bulletin One. June 1922. p; 61. State Tenure Laws. Tables 51 and 52 RESEARCH BULLETIN or THE N. E Facts on State Educational Needs. Volum No. 1. January 1923. Research BuLLetIn or THE N. E Five Questions for American Education }i Volume 1, No. 4. September 1923. How atin motto of all Ruffe ScHER} Scho 1919. SCHOOL of th fesso Tenu 108—2 ScHOOI SHAPLI Lists Scho pp. | SHELD Teac Volu SHIEL: ing ment SMITH The Oxnto TEACHER. Wenner Tenure of Office Bill. Volume 40. November 1919. pp. 150-51. a Teachers Tenure. ParKINSON, WutiraAm OD. Journal of Education, Volume 79. January 29, 12, 1914. pp. 115-16. Patterson, H. Common Sense and Teachers’ 1¢ Contracts. School and Society, Volume 10. No- rl vember 8, 1919. pp. 553-56. —_—, Permanent Tenure. School Review, Volume 29. January 1921. pp. 6-12 pp Poorer, W. A. The Employment of Teachers. New Mexico Journal of Education, Volume 19 February 15, 1914. pp. 5-7. er 2 PorTLAND Pusiic Scuoors, Portland Oregon. A Report of the Survey of the Public School Sys- tem. 1913. Chapter IV. Reprinted by World { ( Book Company. Yonkers-on-Hudson. New York. 1915. Rocky Mountarn Teacuers’ AGency, Denver. S1X- How to Apply for a School and Secure Pro- J motion; with Laws of Certification of Teachers rin of all States. Compiled and Published by Wm. Ruffer, Manager. 1916. 96 pp. of SCHERMERHORN, W. D. Teachers’ Contracts. 20 School and Society, Volume 10. December 27, 1919. p. 773. he ScHoot AND Society. Report of the Committee Int of the American Association of University Pro- nd fessors on Academic Freedom and Academic Tenure. Volume 3. January 22, 1916. _ pp. 108-21. rst ScnHoo. Review. Judging the Competency of Teachers. Volume 30. January 1922. pp. 3-6. mm” 0- ——. Permanent Tenure. Volume 29. Janu- ary 1921. pp. 6-12. le SHAPLEIGH, Freperick E. Examinations, Eligible - Lists and Appointments of Teachers. American d School Board Journal, Volume 54. March 1917. ) pp. 19-20, 44. SHetpon, H. D. Teachers’ Organizations and Teachers’ Tenure. Oregon Teachers’ Monthly, t Volume 21. December 1916. pp. 205-07. Surers, Atsert. Examining, Selecting and Train- ing Teachers. New York City Schools. Docu- ment No. 5. 1914. 50 pp. Smita, Grorce E. The Selection of Teachers— The Buffalo Idea. Journal of the New York of HIskE, “ashington *xecutive Secretary of Washington Edu May 1922. sociation. Teachers. le acher S pp. 179-81 CHARLES remtonsd ont riniendents r, Volume 6 7. 3. enure of the Teaching I w, Volume 3, pp. 336-45. , A. §S. Choosing rs’ Monthly, Volum JOSEPH. is Teacher, Joun B. Force for Next Education, Volume 8. DEFFENBAUGH, W ls in the Smaller ( . *) Biennial Survey tin No. 88. Length of Teachers’ Sommissioner, Volume G. A. quisttes in Boarding Schools. Volume 17. WESTERN JOURNAL OF EDUCATION Volume 26. Younc, Water H. Office. September 7, 1916 STATES BUREAU 01 nt Interior, Washington, lomeR H. The 1922. pp. 3-4. CHARLES Tenure of University American Universities. and Addresses. GTON EpUCATIONAL JOURNA! 1921-22. Journal of Education Texts of State Teacher Tenure Laws Eleven States have adopted tenure laws that embody many of the sound principles of tenure legislation. A comparison of the features of these laws is made possible by the tabulation inserted at page 153. For the aid of legislative committees, the texts of the State tenure laws, together with those of seven local laws, are included here. California State Teacher Tenure Law Boards of school trustees and city and county boards of education shall have power, and it shall be their duty: To employ teachers. Teachers may be elected on or after May second for the next ensuing school year, and each teacher so elected shall be deemed re-elected from year to year except as hereinafter specified; provided, that any teacher who shall fail to signify his acceptance within twenty. days after notice of his election or employment shall have been given him by the clerk or secretary of the governing board of the school district, or shall have been mailed to him by such clerk or secretary »y depositing such notice in the United States post office, with postage thereon prepaid, addressed to such teacher at his last known place of address, shall be deemed to have declined the same. To classify as permanent teachers all persons who shall have been successfully employed as teachers by the district for two consecutive school years at the time of classifica- tion; provided, also, that the two years of successful service shall have been performed in a district employing at least eight teachers under a principal who sha!l devote at least two hours per day to supervision in the school or schools under his control. Such classification shall be made at the end of two years of such employment. To dismiss probationary teachers during the school year for cause only, as in the case of permanent teachers, except that on or before the tenth day of June in any year the governing board may give notice in writing to a proba- tionary teacher that his services will not be required for the ensuing school year. Such notice shall be deemed sufficient and complete when delivered in person to the teacher by the clerk or secretary of the governing board of the school district or deposited in the United States registered mail with postage prepaid, addressed to such teacher at his last known place of address. To dismiss permanent teachers, principals, or supervisors of special subjects, except as hereinafter provided, only for one or more of the following causes, after a fair and impartial public hearing. Causes for dismissal are im- moral or unprofessional conduct, incompetence, evident unfitness for teaching, persistent violation of or refusal to obey the school laws of California, or reasonable rules prescribed for the government of public schools. Dismissal for cause shall be made only after the follow- ing provisions shall have been complied with: The govern- ing board shall give at least ten days’ notice in writing to any permanent teacher, or principal, or supervisor of special subjects against whom charges shall have been pre- ferred, which notice shall state fully the charges, and the time when, and the place where such hearing is to be held. Hearing for dismissal, how conducted. The hold such hearing under rea- adopt, and the teacher against been preferred shall have the , and to call witnesses on their testimony at the hearing, i other witnesses who may testify provided, that such hearing shall be con- iti any permanent teacher after a in this section provided, upon proof of the of the causes for dis- ii missal enumerated in this section vote of the majority of the board. N shall be qualified to vote who has not n out the entire hearing. Such trial shall cluded and the decision rendered withi: beginning of said trial. It is hereby provided, however, that whene mecessary to decrease the number of ! employed by a school district on account the number of pupils attending the schools of s or on account of the discontinuance of a | of teaching service in such district, governing Gismiss such teacher or teachers at the close year. Such teacher or teachers so dismissed teacher or teachers last employed by the distr If the dismissal of such teacher or teachers s necessary on account of the discontinuance of kind of teaching service in the district, the teachers so dismissed shall be the teacher gaged in the type of teaching work such a course is reestablished within time of such discontinuance, the teacl dismissed shall have the preferred right teacher or teachers of such course. The board shall give any teacher wl under this proviso a statement of honor (Section No. 1609, School Law pages 129-134, inclusive.) £ the Colorado State Teacher Tenure Law Any teacher who has heretofore been or shall be employed as a regularly elected teacher for secutive school years in any first class scl having 20,000 or more inhabitants, and shall be after the passage of this act, shall without have stable and continuous tenure of hi during efficiency and good behavior No teacher who has been or shall her« for three consecutive years shall be « nor except in case of a general reductior that district when applicable to the sal cent or more of all teachers in the district, s of any teacher be reduced for any = nonte reason, nor for any reason that shall not pron Lonel oa efficiency of the service, nor until the hae alt signed by the person making the same has beer » appoi at least ten days with the Secretary of the board : directors employing such teacher, nor until sucl if the t has been served upon the accused for at least thirt nor until the said board shall sustain such « hearing at which the teacher complained person making such complaint shall have person with or without counsel; provided trict Superintendent of Schools and the prin supervisor having supervision of a teacher mend the dismissal of said teacher for caus¢ or religious, the Board of Education may, by t! not less than two-thirds of its entire members! The { such teacher without such hearing. In such case, | as to fi a statement in writing of the cause of such dismiss be delivered or mailed to such teacher by the Secret tion of the district, and a copy thereof shall be preserved control, records of the district. (Copy of the State teacher law of Colorado furnished by Miss Nellie Corkish, deputy State superintendent of public instructio: date of January 16, 1924.) f immo that oulsial practica necessa! of their motion of Offic M The written princip: subject county teacher county insubor Illinois State Teacher Tenure Law Section 138. Appointments and promotion of tea principals and other educational employees shall be for merit only and after satisfactory service for bationary period of three years (during which per board may dismiss or discharge any such probat employee upon the recommendation, accompanied written reasons therefore, of the superintendent of » 170 tments of teachers and principa shall become per subject to the rules of the board nce g con nd efficiency, and subject to remov f wuse in he anner provided by section 161 of this rovidec wever, that in determining the duration of the proba ry period of employment in this section specified there s be included the time of past servi f teachers and principals and other educational employee e i the schools at the time, or who have been the within five years immediately preceding the time ct go nto effect; and further provided, that wher teacher or incipal who has been promote tior f assistant or district superintendent ot met . f£ the hoard of examiners, is relieve f tl r f I tion, and such persons shal e reinstate sit from which he was promot The wor ’ 1 principals” shall be construed t nclude mbers of he teaching force except the superintet f s ssistant and district superint ent S P or examiners Section 161. No teacher lw een $ be appre inted by Sale e ft serving the probationary per of three ecified section 138 of this act) be oved exce se. an then only by vote of not less t ‘ nembers of the board, upon written charg¢ ente the superintendent of schools to be he 4 authori 1 committec f the s r { S notice with copy of the harges ~ } n pers against whom the re pref ‘ ll have the 1 ilege of being prese togethe off ng evidence and making defense the reaue f any party such hearing shall be e acti nd decision of the boar 1€ I te r fina Pending the he ring of sucl harges. the harg may be suspended as by the iles f the ma he prescribed: Provided, hows that } f sittal, such person shall not suffer any loss reason of this suspensior Quote f the Sub-committee for Illinois of the Teacl { mittee of One Hundred.) Louisiana State Teacher Tenure Law rs holding proper certificates now emy ed in said public schools of Orleans parish sha < egvarded as permanent employees of 1 boa shall not be removed from office except harges of immorality, neglect of duty, incompet« feasance Or nonfeasance of which he has been four by the board, after investigation and report ! provide¢ that all teachers hereinafter appointed it s shall be appointed annually for the first three year fter which netit the board time the appointment may be made perma | Extract from if the teacher is found satisfactory Se tion 66, Act 100 of 1922 of the Legisla f Louisiana may be found in Public School Laws ; enacted by the Legislature of 1922, issued by the State Depart ment of Education, Baton Rouge, page 27 The following extract is taken from Ruié By-Laws of the Orleans Parish School Board, ; July, 1917, page 57, Section 25, and is printed in accordance with Section 66 of Act 100 of 1922 of the Legislature of Louisiana quoted above. The possession and maintenance of superior jualifications as to moral character, literary attainments, industry and practical skill in imparting knowledge, discipline, inculca tion of principles of truthfulness, honesty, morality, self control, and patriotism in pupils, and the possession of the necessary good health shall insure continuance of their employment and shall render them eligible to pro motion in accordance with these rules. (Section 25, Tenure of Office.) teachers a Maryland State Teacher Tenure Law The county board of written recommendation of county principals and assistant teachers, and salaries, subject to the provisions of Chapter 8 of this article. The county board may suspend or dismiss without appeal any teacher so appointed, on the written recommendation of the county superintendent, for immorality, misconduct in office, insubordination, in¢éompetency, or wilful neglect of duty; shall appoint, on the education it, tendent, all the superir their hx t less than tet ses when the boar tT dismiss ‘ t spend « Superintendent \ ts with teachers, yed after Ju ] y blanks furnished I h s 1 be signed by ecre ' f the ount g shall be filed by the f ovided hers ¢ uing in the s« whe l ef f cont t i Ler shall ecogt “t MI : ‘ ‘ ed | in etwe r the subie tendent = fe the ¢ the scl p t veal the Sa f tl ‘ rt : wo the 6 t Re e not ies i € he agreed ti n t hicl yt ise I z ge s further agreed tt t iy terminate it l year by giving thirt ng the mx tJ ‘ s further agreed that if ite his or her px tice in writing sh R Education ly ng € Se f emergen f f I ! hall judge he conditions f this teacher, named here A, . . i in the 11S8¢ retic ! : ract shall continue fror regoing conditions, prov 1 imen tion of the County » . County fjoard of | t] provisions of Section 5 Ar Code of Maryland, sai 9 ippe il to the State Super sion of said board is not 1 mtract is made in accor law, and is subject Article 77 of the Annotated Code of the Acts of the thereto, and w General _— ndments r the County Board of | he said . on . tment, to take effect 5 D signing this contract Witness our har President, Count, 6 Secretary, County B Teacher B w 13, Section, No. 25 J, M 122, pages 23 and 24.) Massachusetts State Teacher hool committee may dismiss Boston eve town no teacher except othe ina union of district superinter Tenure Law missed unless by a two-thirds vote of the whole committee. In every such town a teacher or superintendent employed at discretion shall not be dismissed unless at least thirty days prior to the meeting, exclusive of customary vacation periods, at which the vote is to be taken; he shall have been notified of such intended vote, nor unless, if he so requests, he shall have been given a statement by the com- mittee of the reasons for which dismissal is proposed; nor unless, if he so requests, he has been given a hearing before the school committee, at which he may be accom- panied by a witness; nor unless, in the case of a teacher, the superintendent shall have given the committee his recommendations thereon. Neither this nor the preceding section shall affect the right of a committee to suspend a teacher or superintendent for unbecoming conduct, or to dismiss a teacher whenever an actual decrease in the num- ber of pupils in the schools of the town renders such action advisable. No teacher or superintendent who has been lawfully dismissed shall receive compensation for service rendered thereafter, or for any period of lawful suspension followed by dismissal. (Section, No. 42, Gen- val Laws Relating to Education, 1921, State of Massa- chusetts, page 40.) Montana State Teacher Tenure Law After election of any teacher or principai for the second consecutive year in any district in the State, such teacher or principal so elected shall be deemed re-elected from year to year thereafter unless the board of trustees shall by a majority vote of its members on or before the first day of May give notice in writing to such teacher or principal that his services will not be required for the ensuing year; provided, that in case of principals in charge of school systems such notices shall be given on or before February first. (Section No. 1075, School Laws of the State of Montana, June, 1923, page 47.) New Jersey State Teacher Tenure Law The service of all teachers, principals and supervising principals of the public schools in any school district of this State shall be during good behavior and efficiency, after the expiration of a period of employment of three consecutive years in that district, unless a shorter period is fixed by the employing board; provided, that the time any teacher, principal, supervising principal has taught in the district in which he or she is employed at the time this act shall go into effect, shall be counted in determining such period of employment. No principal or teacher shall be dismissed or subjected to reduction of salary in said school district except for inefficiency, incapacity, conduct unbecoming a teacher, or other just cause, and after a written charge of the cause or causes shall have been preferred agairist him or her, signed by the person or persons making the same, and filed with the secretary or clerk of the board of education having charge of the school in which the service is being rendered, and after the charge shall have been examined into and found true in fact by said board of education, upon reasonable notice to the person charged, who may be represented by counsel at the hearing. Charges may be filed by any person, whether a member of said school board or not. (Section No. 165, New Jersey School Laws, 1921, page 89.) A Supplement to an act entitled: “An act to establish a thorough and efficient system of free public schools and to provide for the maintenance, support, and management thereof,” approved October nineteenth, one thousand nine hundred ond three. 1. Any teacher, principal, or supervising principal, under tenure of service, desiring to relinquish his or her position, shall give the employment board of education sixty days’ written notice of such intention, unless the local board of education approve of a release on shorter notice. 2. See oe ere or Save Se Sosion shall be deemed guilty of unprofessional conduct, and the Commissioner of is authorized to suspend the certificate of such teacher for a period of not exceeding one year. 3. This act shall take effect immediately. (Chapter No. 206, Legisiation Number of the Education Bulletin, State of New Jersey, Department of Public Instruction, May, 1922—Amendments—pages 148 and 149. New York State Teacher Tenure Law At the expiration of the probationary tern appointed for such term, the superintendent and, in a city having a board of superinte: board shall make a written report he be tion recommending for permanent appointment sons who have been found competent, efficient factory. Such persons, and all others emp! teaching, examining, or supervising service of of a city, who have served the full probationa: have rendered satisfactorily an equivalent pe: prior to the time this act goes into effect, sl respective positions during good behavior an competent service, and shall not be remevab! cause, after a hearing by the affirmative vot of the board. In a city in which teachers manent tenure under the laws in force pr this act goes into effect, such teachers shall! receive permanent appointments after servin; tionary period fixed by the board of educat provided. No principal, supervisor, director, or teacl appointed to the teaching force of a cit possess qualifications required under this the regulations prescribed by the Commissi: tion for the persons employed in such pi schools of the cities of the State, but a board may prescribe additional or higher qualificatio: persons employed in any of such positions. (S« 872, University of the State of New York B 759, June, 1922, Albany, New York, catitled Law as amended to July 1, 1922. Pages 258-2 Oregon Teacher Tenure Law The word “teacher” or “teachers,” as used shall include all supervisors, principals, vice p: instructors who are in the employ of the scl districts specified in this act, and all teachers tors are classified, for the purposes of this act, following branches of service, to wit: First; s second, high school principals; third, high school cipals; fourth, grade school principals; fift! supervisors; sixth, heads of departments in seventh, high school instructors; eighth, teachers; ninth, special teachers. All teacher tors shall be placed or graded in one of branches of service for all purposes mentioned (Laws 1921, Chap. 247.) The teachers employed in any such district during their first two years of service shall be probationary teachers. The board of directo: miss a probationary teacher at any time during bationary period, upon cause deemed sufficier board; provided, if during the probationary p« proposed to dispense with or discontinue the ser teacher on such probationary list at the concl school year, such teacher shall be served with notice, to that effect at least two and one-half (2 before the expiration of his or her contract; or contract is entered into then such notice shall at least two and one-half {2%4) months before of the then current school year. However, no te instructor on the probationary list may be dismisse on account of friction between her and her princi; out giving such teacher a fair opportunity with o: principal. (O. L., Section 5243.) Teachers who have been employed in the sch such district or districts as regularly appointed for not less than two successive annual terms placed by the board of directors upon the list manently employed teachers, (O. L., Section 5 Teachers so placed upon such permanent be subject to annual appointment, but shal! conti: serve until dismissed or discontinued in the servi: board in the manner herein provided, but may be su subject to the rules of the board of directors suspension, but such rules shall be reasonable an good of such schools; provided, the board of shall have authority to transfer any teacher f: position in ome branch of the service, as classific 172 subje peenas on teacher, I rman cases to n behal be rende based If the five mem to reviev curred i such act receiving teacher school be Such the hear teacher | be entit] as herei written shall ha’ blank b; mission ~ nid : teacher, by coun sented | not noti aw $21, to other position in the same any ympensation, n a hearing had as provided in section 524 as amended by this act, or se 2: Laws, such transfer to the lower rank board of directors or upon appeal by the : tion 5 Laws, tion without the consent of the teacl shall be f branch of a service, when it is deemed for the good of the service so ti _ except that any teacher who has served two years n one branch of the service shall not be transferred sition in a different branch of the service which is of a lower rank or carries a lower salary or er, unless £ Oregon of Oregon found by mmission hereinafter provided for to be for the good of the service; 7 shall any transfer of a teacher from one position in branch of service remove him or her from the list of nermanently employed teachers. ] Chap. 247.) (Laws 1921, transferred to a lower branch Before being dismissed or f the service or to a position in a different branch of the 1¢ board compensation, carrying a lower salary or service f ectors shall cause a written notice of such action to he delivered to such teacher. 4 teacher who is willing abide by such order shall within five days aft service f such notice serve written notice upon the sup« tendent f his or her unwillingness abide by such order, and e board sk thereupon within five days of 1 receipt f such notice to the superintendent, cause to be served pon such teacher a copy of the charges or mplaints, if ny, which may have been filed against such teacher, to- gether with statement of the grounds upon which such ismissal or transfer is proposed to be made Such state nt shall also recite the recommendation of the super ntendent as to the retention, dismissal or transfer of such her and it shall be the duty of such super cases to file with board his re mendation dismissal or such said as to the retention, transfer of teacher tefore the hearing the board shall ca t given to the teacher at least ten days’ written notice of the time i place of such hearing and at such time ar place shall rt of the teacher’s evidence that may be adduced in s charges or of the order of defense or resistance thereto Witnesses in support of exceeding ten in number, transfer, or ot the the charges or transfer, not shall be, upon request of the teacher, subpcenaed by the board and compelled to testify, and subjected to the same penalties for perjury or con tempt as specified in section 5249 of Oregon Laws. Sub peenas on behalf of the teacher shall, upon request of the } rf teacher, be issued in blank by and over the hand of the chairman of the board of directors. be summary and the Proceedings before the board shall of evidence, the board shall pass upon the admissibility length and character of arguments and other proceedings, subject, however, to its duty to give a fair and reasonable hearing to the teacher and to fully appraise the teacher of the grounds for the proposed dismissal or transfer A teacher, as well as the board, shall have the right in all cases to be represented by counsel. If requested by, or on behalf of, the teacher, the decision of the board shall be rendered in writing with the grounds upon which i: is based. If the action or dismissal or transfer is concurred in by five members of the board it shall be final and not subject to review by any other commission; if such action is con curred in by less than five members of the board, then such action shall be final, unless within twenty days after receiving written notice of such decision of the board such teacher shall file a written request with the clerk of the school board, asking for a hearing before the commission. Such teacher shall state in the written whether the hearing shall be private or public and whether such teacher shall be represented by counsel. Such teacher shall be entitled to and given a hearing before the commission as hereinafter provided within ten days after filing such written request with the clerk of the school board, and shall have full benefit of witnesses and subpcenas issued in blank by and over the hand of the chairman of the com- mission. request Said trial shall be public or private, as requested by the teacher, as above provided. If said teacher is represented by counsel, then the board of directors may also be repr sented by counsel at the hearing, but if the teacher does not notify the commission in the written request for hear- e will be represented | the represented such than such by counsel at ‘ f Of teacher and the three days be late set and hearing 1 tinue m account of sickness other good us Dé commission. (Laws, iess or for such mine the Ir of gross dereliction of a teacher so employed, teacher In case be served wupx shall demand a writt« within thre mat spend such notice to unle the teache ‘ h such suspension of s notice the suspen : : ’ se such demand is made, the I shal 1 as upon the dismissal of service imitted t the or any other per I nl ng : fter hearing, as her« preterre motior r upon ng and filed with |} : shall fail or refuse t fer g written If perintendent cher after may present the sam« er e to the superintendent being filed w nt or other Upor 1 charges pers charges seem to then upon proceedings shall be ‘ Oregon Laws, as amended by shall be provided for unless t before board of wi nder oath or affirmation Such aff served the teacher 7: é for nvestigatior . ng nducted as | c reafter all nd determination q timony received hearing rein r directors or rT | ‘ tinistered by the clerk of b ny member of said board or by any is At ness who, being vided for make false o inquir hall be guilty of perjury and punishe Any f son who has been subpcenac the board of directors of s attend in obedience to such subpcena punished as for contempt for like disobedience to a s Witness(es) so subpcenaed sl witnesses lied in civi under oa ness etore sha f to arrested and of t State ot su court to the mileage and per diem as circuit courts of the count where s located, and fees to be { called 1 or cts are witness to be ng such Tuesday after the first Mond: n J in each year the presiding judge .of th rcuit each county within which is located a hool districts having 20,000 or more persons shall appoi: citizens of the U ! at On the first disinterested persons, ed St é the of twenty-one years, and residents of the St f Oregon and of the county in which t : is located, to act as commissioners as herein provided, for one year and until their successors are aj nted uali fied, who shall serve without pay; that uf the passage of this act, the said presiding judges of s it courts shall appoint three commissioners to serve the re mainder of the present year and until the appointment and qualification of their successors Said apy n s shall be in writing and the acceptances shall be in writing, and said ppointments and acceptances shall be filed in the office of the clerk of said school districts; that immediately after the qualification of said three commissioners they shall meet and elect a chairman from tl numbe and shall thereupon be the duly qualified I sior 5 tigate, hear and determine any and all charges properly coming before them, and shall have exclusive charge and contro! of all cases after notice has been served by the clerk «pon the teacher as above provided. In case of a vacancy in said commission, the said presiding judge of said circuit court shall appoint a person duly qualified to fill said vacancy, who shall qualify in like manner and serve until the next regular annual appointment of com- missioners, Said commission shall formulate such rules and method of procedure as it shall deem best calculated to secure the ends of justice in a summary and effectual manner at the least cost and time. At the termination of each investigation or hearing said commission shall render its decision in writing, signed by each commissioner and filed with the clerk of the school board of said district. The decision of any two of said commissioners shall be the decision of the commission. The decision of said commis- sion shall be final and conclusive upon the teacher and the school hoard. In all cases where the decision of the com- mission is in favor of the teacher, the charges shall be physica!ly expunged from the record. (O. L., Section 5250. Sections, Numbers 420 to 430 inclusive, Oregon School Laws, 1923. Compiled and annotated by J. A. Churchill, Superintendent of Public Instruction, pages 121-122.) Wisconsin Law—First Class Cities— Milwaukee Only appoir tments i teachers after All elections or shall be on probation four years, the election or appointment during efficiency or behavior having taught four years or mors section applies shall be deemed t of probation. No teacher who employed as herein provided by years of continuous service, shall for cause upon written charges, wl written notice thereof to such tea written request, be investigated, heard the board of school directors, whos« the matter shall be final, The term “teacher” in superintendents, principals, truant and attendance employed in the public schools of suc! herein contained shall affect the el tenure of the rintendent, assist special supervisors (Sections 42 sections 18 and quoted from 1924, received from Mr. John Cal dent of Department of Public Inst and good this s« super sort officers, and supe Texts of Seven Local Teacher Tenure Regulations Atlanta, Georgia, Teacher Tenure Rule All teachers during the first two years of their service shall be conside:ed as probationary teachers, during which period they shall be under temporary appointment and shall not be under civil service. Such teachers shall be elected from year to year. If, at the end of this proba- tionary period, a teacher has received no notice to the contrary such teacher shall become a permanent teacher without further election or notice, and shall come within the civil service provision of the Board. At the end of the probationary period of two years a teacher not qualifying as a permanent teacher may be retained on the probationary list for an additional period of not exceeding one year upon the recommendation of the Superintendent. Teachers who have been in the Atlanta system for less than two years, and other teachers now in the system not recommended by the Superintendent as permanent teachers shall be considered as probationary teachers. Supply teachers may be appointed by the Superintendent from time to time as needed and shall have such quali- fications as in his opinion will fit them to do supply work; provided, that no person shall be appointed a supply teacher who has not had at least a four-year high-school course. Supply teachers shall be considered as under temporary appointment and not under civil service. Demotion or Dismissal 1. Any permanent teacher shall be subject to be dis- missed or demoted at any time by the Board of Education after a hearing, if a hearing is demanded, either for vio- lation of the rules of the Board of Education, or for insubordination, or misconduct, or inefficiency, or lack of professionai progress, or evident unfitness for his position, or for the gvod of the service, to be finally and exclusively judged and determined by the Board; and no person so demoted or dismissed shall have any claim either against the Board or against the City of Atlanta. If a hearing is demanded, the accused shall be given at least one week’s notice in writing of the time and place of the hearing and of the charges or reasons for the proposed demotion or dismissal. [f hearing is not demanded in writing, it will be considered as having been waived. Supply teachers may be dropped at any time by the Superintendent. Probationary teachers may be dismissed by the Board upon the recommendation of the Superin- tendent for satisfactory cause and without a hearing, the Board to have final determination as to sufficiency of such cause. 2. The non-election of a annual election for teachers shall the services of such teacher 3. The term of probationary August 31 unless sooner terminate: 4. The transfer of a teacher fror to a junior high school at the sar considered as a den probat tion Right of Apt 1. Any teacher at any time shall | from any person in authority over | 2. The mode of procedure shall | should first be the principal adjustment is reached, the complaint to the Superintendent As a last may be taken to the Board. (Rule cation of Atlanta, Georgia, furnishe: assistant Superintendent of Schools \ made to Baltimore, Maryland, Teacher Tenure Once elected, a teacher she is removed by the Board on the r« Superintendent, after charges are preferr« The teacher on trial is permitted to be counsel. In actual practice, this p sorted to, so that appointment carries life tenure. No formal contract stating is entered into by the Board and the The above statements do not apply clerks, and other employees, all of whom at the pleasure of the Board. (Quoted February 1, 1924, received from W Superintendent of Schools, Baltimore, Maryland continues River Rouge, Michigan, Teacher Tenure Upon the conclusion of the first teaching experience in the local school that she has complied with our academic and training standards, and has good mora! conduct is given a contract which continues in force dur behavior, coupled with efficient service. The teacl leave at any time providing a notice of thirty days The Board of Education may dismiss a teacher successtu system, proper conduct or very inefficient service by giving of k } notice of thirty days. (Quoted from letter T . Law 14, 1924, received from A. McDonald, superintende: schools, River Rouge, Michigan.) 174 Omaha, Nebraska, Teacher Tenure Law incident to the tenure staff, when empl l “assign person shall be electec without the recommer person shall be elect ] recommer d perso expe! 1! shall bers he teaching ‘assigned’ teachers shall of members of the sd on the “‘electe must be reelected eacl permanent list. tenure of office of meml yhose names have been place n teachers shall continue until their xcated by their own action or by act y action of the Teachers’ Committe wnently in the employ of the ed of being continued The status of e x hools permanent employee of intment or assignment to as the Superinterident may teacher on the list of permanent her own action after her the period of one a teacher shall be dropped from the roll the Superintendent of Instruction joard for record and file. (Quoted ury 26, 1924, received from J. H tendent of Schools, Omaha, Nebraska.) Dover, New Hampshire, Teacher The vote upon the election of a teact ballot. No member of the Committee sha acher in the schools w the high school, wi tc n election as teachers, except ect to the right of the Committee ne school or grade to another a mittee. Any teacher who has ser in the schools of the city of Dover having tenure of office, except in } Superintendent of Schools shall ecomn } te fc election ¢ City of Dover Public Schools, New Rules of the School Committee.) Ponca City, Oklahoma, Teacher ; " 4. Teachers, upon being employe: the regular Ponca City contract, bationary period of at least tw ; period may be extended upon the followin l. Upon written notice to the teach« tendent, with the approval which notice shall be issued pri for such extension stated. 2. Should any woman teacher mart the term of her contract, she automati bationary service. 3, Should any teacher change from another or change from a regular teac supervisory position or principalship, matically enters the first year of the probationa extended with all iperintendents. the secretary an 4. The probationary period shall be teachers who do not meet the educational the Ponca City Board of Education for a which standards are, namely: For Grade Work: Life Certificate credited normal school or university (Extract taken from a pamphle Hampsh ition, unless f the school requested tron J ’ n n, Super Okla Philadelphia, Law ot any ef attached shal At the close employee wl tically discontinue Tenure Law ' 1 reumstances, the s eT : ‘ by on of the probati however, from se service Com tionary removed years ft imefmhcienc as > where the In such with en » tear es, relating against h charges lementary Sch« harged of the Tenure Law = furnish sa . cme terms tr I gy f ye IM the in iay have all the witns Superin M ma yn. mmiuttee ; i ult of its th reason a tolteun ath deck m proper ge shall be e shall find that nitted, the report shal acher be dismissed employee of the Board aute K t conditions enumerate period, tad ee ; schools, associate requirements of retary, superintendent star rd teacher, supplies, who, by a sally. (Quoted fron Pp from Oliver { schools, Philadelphia Pennsylvania, Teacher Pent Tenur¢ TENURE OF SERVICE OF TEACHERS ; S LONG as a teacher finds that he must be regarded as a hireling, with no guarantee of remaining in office over a year, and with all the uncertainties of an annual election before his vision,—so long as he finds himself not connected with a profession, properly so called, he lacks one of the greatest in centives to professional study, and is tempted to make his teaching not even a calling, but only a stepping-stone to som: other work. Serious as is the injury to the teachers, still more serious is it to the children whom they teach.—F. F. Higbee, Addresses and Proceedings of the National Education Association, 1887, p. 3708. O VALID argument has yet been proposed for the system of annual elections of teachers. Far from serving as a stimulus for efficiency and improvement, it must and does inevitably mean anxiety for the teacher who stands for reap- pointment. It must act as a drain on the nervous energy of the teachers and is economically wasteful. The practice of annual elections militates against the promotion of sound pro- fessienal standards, and, with the reservation in their minds that an incompetent teacher can always be removed after a year’s trial, there is not the same pressure on selecting com- mittees to exercise the greatest care in making appointments. I. L. Kandel, Teachers College Record, October 1924, page 120.