periot ICAL ROOM { ESEARCH BULLETIN OF THE NATIONAL VOL. XIV - No. 4 EDUCATION SEPTEMBER - 1936 ASSOCIATION . } AL NIV UF A HANDBOOK ON TEACHER TENURE Published by the RESEARCH DIVISION of the NATIONAL EDUCATION ASSOCIATION 1201 Sixteenth Street, N. W., Washington, D. C. RESEARCH BULLETIN oF i: Published five times each year in January, March, May, September, and November President, ORVILLE C. PRATT NATIONAL EDUCATION ASSOCIATION Executive Secretary, WILLARD E. G! VE! Director of Research: William G. Carr; Associate Director: Frank W. Hubbard Assistant Directors: Richard R. Foster, lvan A. Booker, Hazel Davis Research Assistants and Section Heads: Frances G. Bradley, Louise B. Sease, Helen H. Cox, Anna Haddow, Madeline K. Remmlein, and Jennette R. Tandy Executive and Editorial Offices 1201 Sixteenth Street, N. W., Washington, D. C. Copyright, 1936, by the National Education Association Entered as second-class matter February 10, 1923, at the Post Office at Washington, D. 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W., Washington, D. C. TABLE OF CONTENTS FOREWORD POSITION OF THE NATIONAL EDUCATION ASSOCIATION ON TENURE... The Committee on Tenure Reasons for Tenure Principles Basic to Tenure Legislation Platform and Resolutions IN THE UNITep STATES............ | \|. PRESENT Status oF TEACHER TENURE Types of Tenure Laws Number of Teachers Affected Detailed Analysis of Tenure Laws in Five States Tenure for School Administrative Officers lll. TEACHER TENURE IN ForeIGN COUNTRIES Dicest OF RESEARCH STUDIES ON TEACHER TENURE LIST OF TABLES Table 1. State Laws Governing the Duration of Teachers’ Contracts 2, Number of Teachers Affected by Various Types of State Tenure Laws 3. Analysis of Laws Relating to Teacher Tenure in Five States LIST OF FIGURES Figure I. Types of State Laws on Teacher Tenure..................020008- II. Proportion of Teachers under Various Types of State Tenure Laws FOREWORD HE EFFICIENCY and quality of a school system is determined not so much by the size and costliness of its buildings and equipment as by the efficiency, morale and freedom of its classroom teachers. The chief function of schoolboards should be to create favorable teaching conditions in the classroom by providing living salaries, by protecting teachers from injustice and unnecessary restrictions and annoyances and by freeing them from fear and intimidation, to the end that the teachers may devote themselves fully to the task of understanding, training, and inspiring the chil- dren in their charge. Unfortunately such conditions do not prevail in all the school systems in the United States. During the past two years the Tenure Committee has received reports of the unwarranted and unjust discharge of thousands of competent and experienced teachers principals, and superintendents. Such conditions are of course not typical of American education, but they exist to such an extent that everyone interested in good schools should be deeply concerned. If citizens desire better classroom conditions for their children, if they believe children should be taught by teachers free from unnecessary worry and fears, if they feel that teacher morale is one of the determining factors in the quality of education, they should support their state education associations in seeking “legislation to protect mem- bers of the teaching profession from discharge for political, religious, personal, o1 other unjust reason.” Such legislation known among teachers as tenure is not new or untried. It has existed in numerous European countries for many years. The first state to pass a teacher tenure law was New Jersey in 1909. Since that date fourteen states have passed tenure laws, and in at least twelve states tenure bills will be introduced in the next session of their legislatures. At or near the top of the list of states recognized as having the best public schools will be found California, Indiana, Maryland, Massachusetts, New Jersey, and New York. Each of these states has enacted tenure legislation. Under typical American tenure laws teachers must serve a probationary period of from one to three years, during which time they may be discharged at the will of the schoolboard. Thereafter they may be discharged only after a public hearing for such causes as incompetence, immorality, or neglect of duty. Tenure seeks to keep the schools free from political, personal, or commercial domination. Tenure protects com- petent teachers from unjust discharge and permits them to devote themselves whole- heartedly to their profession. Tenure discourages school management based on fear, and encourages leadership based on confidence and understanding. Tenure provides a reasonable personal and academic freedom for teachers. Tenure encourages compe- tent public-spirited teachers to stay in the schools. For over fifteen years the National Education Association has studied and investi- gated tenure and it advises and urges tenure for the teaching profession as a means of improving the quality of American education. DonaLD DuSHANE, Chairman, Committee on Tenure. I. Position of the National Education Association on Tenure lhe National Education Association has ‘een committed to the principle ot tenure for teachers for many years. As far back as 1887 the Proceedings of the Association carried a committee report urging that the subject of the reacher’s tenure of office be given publicity in the belief that necessary legislation would re- lr. In 1915 the Association passed a resolu- tor teachers. The aim and work of the Tenure Committee of One 1923, was chiefly “to survey the prevailing ten- su tion expressing itself for security of ure Hundred, appointed in dencies in the tenure of teachers in the school systems of the several states and legislative pro isions for teacher tenure in the same, and to make available the salient facts for all inter ested in the problem.”” The Committee on Tenure Reports of the Committee on Tenure have een concerned with causes of dismissal, in- vestigations of teacher turnover, tenure in col- lezes and normal schools, texts of state and local tenure laws, studies and analyses of ex isting laws, development and status of tenure egislation at different periods, and bibliogra phies on the subject. The following guide to the more important eports of the Committee will be of assistance in locating material on the subject: 1920—General survey 192i—History of tenure: of a law 1922—Digest of laws in force; law 1923—Existing laws discussion of provisions California tenure 1924—Analyses of laws; local regulations; laws in European countries; court cases 1925—Tenure in colleges and normal schools 1926—Teacher turnover; bibliography 1927—Statement of principles for operation of laws 1928—Review of reports and restatement of prin- ciples; studies of Massachusetts and New Jersey laws 1931—Abstract of Holmstedt study of teacher tenure in New Jersey 1932—Survey of legal conditions of tenure in forty- eight states; classification of laws framing and 1934—Historical position of N.E.A. on tenure; civil service and tenure; reports on status of teachers 1935—Major teacher tenure; tenure campaigns; tenure, purposes of committee; extent of need of ‘he major purposes of the Tenure Commi tee have recently been restated in the following terms: 1. To study tenure laws and practises for the purpose of furthering the tenure movement 2. To assist state teachers associations and fed erations in their efforts to secure tenure legisla tion 3. To tion and the general public, a better understand create among members of our associa ing of the justice, reasonableness, and need of tenure.” Reasons for Tenure he Report of the Committee on ‘Tenure, 1935, gives the following reasons for teacher tenure: 1.,To prevent political control of schools and teaching positions 2. To permit and encourage teachers to devote themselves to the practise of their profession without fear or favor 3. To encourage competent and public-spirited teachers to remain in the schools 4. To discourage school management based on fear and intimidation 5. To prevent the discharge of teachers for political, religious, personal, or other unjust rea sons 6. To protect teachers in their efforts to secure education for the well-financed and adequate children in their charge.® Principles Basic to Tenure Legislation In 1927 the Tenure Committee formulated a tentative statement of twelve principles which should control the framing and opera tion of tenure legislation. This list has been re viewed by various tenure committees since that date and has received wide approval. Study of these principles has served as a guide to teachers associations in campaigns for better 1 Hunter, Fred M., chairman. “Report of the Tenure Committee of One Hundred.’’ Proceedings, 1928, Vol. 66. Washington D. C.: National Education Association, 1928. p. 204. DuShane, Donald. “Report of Committee on Civil Service National Education Association, 1934. p. 172-78 ’DuShane, Donald. ‘Report of Committee on Association, 1935. p. 221-24 Tenure Pre Teachers."’ Proceedings, 1934. Vol. 72, Washington, D. C Washington, D. ¢ National Education 169 | security for teachers and as an aid in drafting 9. In case of proposed dismissal, tenure legislation. These principles are: should be granted right of hearing. 10. Teachers who do not desire to cont 1. Tenure laws should be devised and admin- their positions should give reasonable n istered in the interest of better instruction for writing of their intention. children. 11. Suitable provision should be ma 2. Tenure laws should be accompanied by teachers already in service when putting proper legal regulations governing training, cer- laws into operation. tification, remuneration, and retirement allow- 12. Indefinite tenure should be accorded ances. classes of certificated school employees on 3. Tenure laws should be devised and ad- of teacher, at least.‘ ministered as a stimulus to better preparation and more efficient service on the part of teachers. . 4. Indefinite tenure should be granted only Platform and Resolutions upon evidence of satisfactory preliminary train- The platform of the National Educatio: ing, successful experience, and _ professional - , growth. sociation adopted in 1934 contained the f: 5. Indefinite tenure should be provided after ing statement on tenure of service: successful experience during a _ probationary sso period of adequate length, usually two or three There should be legislation to protect tea years. from discharge for political, religious, perso: 6. The right of dismissal should be in the other unjust reason, but the laws should not p: hands of the appointing board. the dismissal of teachers for incompetence, 7. Laws establishing indefinite tenure should ‘ality, or unprofessional conduct. provide for the easy dismissal of unsatisfactory or incompetent teachers for clearly demonstrable The above statement was a revision of causes, such as misconduct, incompetence, evi- dent unfitness for teaching, persistent violation bagle? or refusal to obey laws, insubordination, neglect In 1935, and again in 1936, the Assox a a ‘a of duty, or malfeasance. reafirmed ‘“‘with emphasis its stand in ful 8. The proposed dismissal - a cen on A port of tenure of position for teachers count of incompetence or neglect of duty shou ‘ ; i fi . . > — Ss w ( > be preceded by a warning and specific statement eS of ae © the children of the in writing of defects. the best possible instruction. resolution on tenure of service adopted in | ‘Hunter, Fred M., chairman. “Teacher Tenure in the United States.”” Proceedings, 1927. Vol. 65. Washington, | National Education Association, 1927. p. 210-12 5 Dahl, Myrtle Hooper, chairman. “Report of Committee on Resolutions.” Proceedings, 1934. Vol. 72. Washington National Education Association, 1934. p. 187 II. Present Status of Teacher Tenure in the United States Types of Tenure Laws [his section shows the types of state laws now in effect which control the duration of ontracts between teachers and boards of edu- -ation. The various local schoolboard regula- sons on the matter are not included. Sources of information—Information was htained from the state school codes and was .ubmitted to the state departments of educa- tion for revision or approval. This summary is mited to provisions relating to classroom eachers only. A number of states have enacted egislation governing the employment of other sroups of educators, such as laws permitting ontracts with school superintendents or prin- -ipals for more than one year. Such provisions ire not within the scope of this section. The word “teacher” refers only to the regular class- room teacher. Types of legal provision governing duration f teachers’ contracts in the forty-eight states— Analysis of state legislation governing the duration of teachers’ contracts reveals two gen- eral types of provisions: (1) Uniform legisla- tion, statewide in effect ; and (2) varied provi- sions for different classes of school districts in the same state. Each of the two types mentioned above in- cludes several different subordinate varieties of provisions. The provisions where the legal sta- tus of tenure is the same thruout the state fall into these five classes : 1. No legislation on the contract period 2. The annual election plan 3. Permanent appointment after a probationary period, with certain provisions for dismissal 4. The continuing contract The thirteen states having separate tenure provisions for different areas are also of five types: 6. Permanent after a_ probationary period in some districts plus either (a) the annual tenure election plan, or (b) no legal statement specifying the length of the contract period in others Legislation permitting contracts for more than one year in some districts plus either (a) the annual election plan, or (b) no legal state ment concerning the duration of contracts in others 8. Permanent tenure compulsory in certain dis tricts and optional in others 9. Three types of provisions in different areas of the same state 10. Continuing contract in all except first-class districts. The above classification, therefore, divides the forty-eight states into ten different cate gories with respect to their laws governing the duration of teachers’ contracts.’ This classifica- tion Table 1 and graphically in the map, Figure I. Each of the types of legislative provision will be discussed is summarized in shown in order. A. Uniform Provisions Governing Duration of Teachers’ Contracts 1. No legislation on the contract period Twenty states have no legislation covering the length of time for which teachers may be em ployed. These states are as follows: New Mexico North Carolina * Rhode Island South Carolina South Dakota Tennessee Utah Vermont Virginia Wyoming Alabama Arkansas Connecticut * Florida Georgia Idaho Kansas Maine Michigan New Hampshire In these states the statutes are silent on the mat- 5. Legislation permitting contracts for more ter of length of contract, thus permitting local than one year. ' The teacher tenure law in Hawaii provides as follows: ‘No person, who shall have received a certificate from the Depart- ent to teach in any public school and who has been legally employed, shall be dismissed or dropped for cause from the service { the Department without the opportunity of a trial and hearing had before the Department upon charges presented in writing by the superintendent, and a full and complete hearing had before the Department, and for good and just cause. Any contract the terms of which are contrary to the provisions of this section, shall be of no force and effect; provided, however, that nothing herein contained shall prevent the dismissal of probationary teachers during the probationary period provided for in Section 717 without trial and hearing as herein provided.”’ (Act 212, S. L. 1931, Section 2: R. L. 1935, Section 714.) Alaska has no teacher tenure law * The school committee cannot legally enter into any contract extending beyond the expiration of its term of office without authority from the district. * The school committee cannot legally enter into a contract with a teacher which extends beyond the term jority of its members. of office of a [171] school authorities to designate the term of em- ployment, within the limits of custom, court de- cisions, or local regulations. However, in most of these states, it is the practise to limit the teacher’s contract period to one year. For ex- ample, the statutes of Alabama do not require the teacher's contract to be limited to any par- ticular length of time, but the Alabama State TABLE 1.—STATE LAWS GOVERNING THE DURATION OF TEACHERS CONTRACTS Types of provisions Uniform provisions 1. No legislation Annual election plan Permanent tenure after probationary period Continuing contract Contracts permitted for more than one year Varying provisions Permanent tenure after probationary period in certain districts with either no legal provi- sions or annual election in others Contracts permitted for more than one year in some districts with either no legal provi- sions or annual election in others Permanent tenure com- pulsory, after proba- tionary period in cer- tain districts and op- tional in others . Three types of tenure provisions in different areas of the same state . Continuing contract in all except first-class districts Number of states 2 20 Names of states Alabama, Arkansas, Con- necticut, Florida, Georgia, Idaho, Kansas, Maine, Michigan, New Hamp- shire, New Mexico, North Carolina, Rhode Island, South Carolina, South Dakota, Tennessee, Utah, Vermont, Virginia, Wy- oming Arizona, Iowa, Missouri, Washington, ginia Kentucky, Oklahoma, West Vir- Louisiana ,Maryland, Mas- sachusetts, New Jersey Ne- Delaware, Montana, vada Ohio Colorado, Indiana, Min- nesota, New York, Oregon, Wisconsin Nebraska, Texas Mississippi, North Dakota, California Illinois Pennsylvania Department of Education reports: “\W few exceptions the practise for many y: been to elect annually and limit the cont the school term.” * This is the typical pr; in most of the twenty states, and am practise to annual election. However, t! of Rhode Island reports a departure. |; state the lack of provisions for the appointn of teachers for a specified length of tiny been interpreted as absence of limitation duration of contract. A Rhode Island « sioner of education interpreted the law “Our statutes, as they are silent, s no restriction on school committees. Und: law a practise of establishing tenure }) veloped steadily, to the extent that our t have little reason to believe, after a tionary period, that employment will continuous. In most places teachers are pla on the ‘permanent list’ after one, two, or ¢! years. There might be justification a general statement that the Rhode Island sta: ute permits tenure and that tenure has established legally under permissible statu Clearly, therefore, the lack of legal lows: sions for duration of contract is subject wide range of interpretation. The above ey amples seem to illustrate the two extremes Annual election plan—Under the annu election plan the teacher’s contract period limited to one school term or year. Seven state: have adopted this plan on a statewide These states are Arizona, Iowa, Kentuct Missouri, Oklahoma, Washington, and Wes Virginia. While the annual election plan is provid for by statute in only seven states, it is procedure most frequently followed tise. It has already been shown that the annu contract is common practise in states havin: no legal provisions on this point. Even in sta having permanent tenure after an initial pe: of service, teachers are employed on an annu basis during this probationary period, may extend for as long as five years. 3. Permanent appointment after a provi tionary period—Four states have uniform pr visions for the permanent appointment of teach ers after a probationary period. The duration of the contract is then contingent only upon satisfactory service and teachers have a stated legal right to continuous employment durin * Correspondence with state superintendent of education, Alabama. 5 Correspondence with commissioner of education, Rhode Island [17 2] service. Louisiana, Maryland, Massa- just cause. Written charges must be preferred, and New Jersey make permanent signed by the person making same, and filed employment mandatory after probationary pe with the secretary or clerk of the board of edu ods of various lengths. cation governing the school wherein the teache1 lhe New Jersey law provides that the serv is employed. It is the duty of the board to es of all teachers in any school district in the examine the charges. If the charges are found sate “shall be during good behavior and efh- true, the teacher must be given reasonable no ‘ency’ ’ after a probationary period of three _ tice. The teacher may be represented by counse) -onsecutive calendar years or three consecutive at the hearing and witnesses for either party wademic years and employment at beginning may be subpoenaed by the board of education.* f the next academic year. Such teachers can The teacher, under tenure of service, also has not be dismissed except for inefficiency, inca- an obligation to the board of education. In case pacity, conduct unbecoming a teacher, or other of resignation, the teacher must give the em ® Maryland and Massachusetts laws do not legally apply to Baltimore and Boston, respectively. However, since s have provisions of the same general type as the corresponding state provisions, Maryland and Massachusetts are s study with the states having uniform laws, altho strictly belonging in the varied group New Jersey. Public Laws 1909, Chapter 243, and Public Laws 1935, Chapter ® New Jersey. New Jersey School Laws. Trenton: Department of Public Instruction, 1931. Sectior FIGURE I No legislation; or annual election Contracts permitted for more than one plan =J year in some districts; either no legal provisions or annual election in others Permanent tenure after probation ary period r Permanent tenure compulsory after probationary period in certain dis- Continuing contract tricts; optional in others Contracts permitted for more than Three types of provisions in differ- one year : ent areas Permanent tenure after probationary period in certain districts; either no ; ntinuing contract in all except legal provisions or annual election in others ii} first-class districts ploying board a sixty-day notice unless the local It shall be the duty of the school boards board approves a shorter period.’ several districts, including county high sch ae ti at th a notify in writing the teachers in their employ ans tor contracting with teachers in the before the fifteenth of May of each year con other three states having statewide permanent the reemployment of such teachers for the ¢: employment after a probationary period are year. In case the board thru its proper official! similar to the one described.’” fail so to notify its teachers, then those teach: Tis iid) date te: ee we ‘ are employed and who have been so emplo\ I ary perio? is: oO years IM the major part of the current year shall be Maryland (outside of Baltimore) ; three years re-elected on the same terms as for the then . in Massachusetts (outside of Boston) with school year, and the board shall issue the provisions for reducing it to two years at the contract in such cases as though the boar . . GE ag ei lected sai hers in the usua * pror discretion of the board in individual cases; and ‘° ed said teachers in the usual <~ampgr hd ld that any teacher who shall have been inform = ‘e uy wT a ae . ; 3 r three years in Louisiana. r he Louisiana law his re-election by written notice from the boa: was passed in the 1936 session of the legisla- who shall have been automatically re-elect ture; previously teachers in Orleans Parish accordance with the provisions of this act, in « only were permanent after a three-year pro- ¢Vent shall, within ten days thereafter, pres: ; - 2 49 the board in writing his or her acceptance o} bationary period.'* esi a Y position; and provided further, that failure on ; I'he usual causes for dismissal in these states part of the teacher to notify the board of his o are practically the same as those in New Jersey, acceptance as herein provided shall be regard and the procedure for terminating the period conclusive evidence of his non-acceptance of service does not vary greatly. Formal charges ?°*"°" must be made against the teacher and op- However, schoolboards cannot lawi portunity provided for defense if desired. In contract with teachers for anv term of se: Maryland and New Jersey the teacher may commencing after the time for which any men appeal from the decision of the board, under ber of the board was elected.’* This is a certain conditions, to some higher school au- mon limitation on teachers’ contracts. ‘I'he thority, but in Louisiana and Massachusetts no Delaware provision is similar." provision is made for appeal except to the The essential difference among the ¢! Courts. states is that the continuing contract plan does 4. The continuing contract plan—The term not go into effect in Montana until the teac! “continuing contract,’ as used in this report, has completed a two-year probationary pe: describes a plan whereby teachers may hold A minor difference involves the last date o: their positions without the necessity of annual which notification of dismissal may be applications, elections, and contracts. Under livered—in Nevada it is May 15; in Delay this plan the employing board must give notice and Montana it is May 1.'® by a specified date, usually early in the spring, 5. Legislation permitting contracts for: if it does not wish to continue the contract. than one year—The Ohio statute permitt:: A similar obligation rests upon the teacher. If employment of teachers for more than neither the schoolboard nor teacher notifies year is the only illustration of this provis the other party of intention either to dismiss on a statewide basis. The chief differen or resign, the teacher is assumed to be reem- between this plan and the continuing cont: ploved for the coming year. Nevada, Mon- plan described above is that the forn tana, and Delaware are the only illustrations definitely limits the maximum term of of the continuing contract plan on a statewide ployment, while the continuing contract basis. ‘The Nevada enactment of 1929 reads described above, fixes no maximum limit. | as follows: example, the Ohio law provides that teac! * New Jersey. New Jersey School Laws. Trenton: Department of Public Instruction, 1931. Sections 231-32 (1) and (2) © For tenure provisions in Maryland and Massachusetts, see: Maryland. Public School Laws. Baltimore: State Boa Education, 1927. Section 52, By-law 13. p. 23. Massachusetts. General Laws Relating to Education. Boston: State Depart of Education, 1927. Section 41, p. 21. ™ Act No. 58 to amend Section 48 of Act 100 of 1922 Louisiana. (1936 Session of Legislature.) 2 Louisiana. Supplement to Fourteenth Compilation of School Laws (1934 Session of Legislature). Bulletin of th Department of Education. No. 274. Baton Rouge: the Department, 1934. p. 42. 8 Nevada, Session School Laws of the State of Nevada, 1929. Carson City: Department of Public Instruction, 1929 tion 1, p. 17 ™ Nevada. The School Code—1927. Carson City: Department of Public Instruction, 1927. Section 67 (11). p. 31-3 % Delaware. Laws. Chapter 185. ™ Montana. School Laws of the State of Montana. Helena: Department of Public Instruction, 1931. Section 1075 [174] ‘1 the state may be appointed for a term lim- ‘ted to a specified number of years. In villages and rural school districts this period is lim- ‘ted to three years.'’ In the more populous districts the limit is placed at four years.'* lf the district enters into a contract for the longer period, teachers may be dismissed dur- ing that time only if “the charges are reduced to writing and an opportunity be given for defense before the board thereof, and a majority of the full member- ship of the board vote upon roll call in favor of such dismissal.” '* or a committee B. Varied Provisions for Different Classes of School Districts within the Same State 6. Permanent tenure period for certain school units and either (a) after probationary annual election, or (b) no legal statement con- cerning duration of contract for other units— Six states have the varving types of tenure provisions peculiar to this plan. Each of the six has permanent tenure after a_ probation- ary period for certain districts and either the annual election plan, or no legal provisions concerning duration of employment in the other districts. These six states are Colorado, Indiana, Minnesota, New York, Oregon, and Wisconsin. In Colorado, any teacher who has been em- ployed as a regularly elected teacher for three consecutive school years in any first-class school district having 20,000 or more inhab- itants (Denver, Colorado Springs, Pueblo) shall without further election have stable and continuous tenure of his or her position during eficiency and good behavior. No legal pro- visions for duration of teachers’ contracts have been made for teachers in districts having less than 20,000 inhabitants.*° The Indiana statutes provide that a teacher who shall be reelected after a probationary period of five years “shall thereupon become a permanent teacher” in the school city or town "Ohio. School Laws. Columbus 18 Ibid., Section 7691, p. 355. 1 Jbid., Section 7701, p. 362. *® Colorado. School Laws of the Section 171 (1-8), p. 87-88. 1 Indiana. School Laws Enacted in 1932 and 1933 2 Ibid., p. 21. % Minnesota. Teachers’ Tenure Act of 1927. 2 New York. Education Law. Bulletin No Section 872, p. 263 % New York. Laws of New York, 1935. Chapter 257. Department of Education State of Colorado. Denver Chapter 36 Albany 929 [ 17 Indianapolis corporation with which the contract was made. No tenure is provided for teachers employed by rural districts unless they under tenure in 1933 when the law was amended to were exclude townships. The contract which the teacher signs upon beginning the first year after the probationary period, is considered, under the provisions of the law, to be an “‘in- definite contract’”’ and remains in force until such teacher becomes sixty-six years of age unless succeeded by a new contract or un- less it has been canceled according to legal procedure.?! The indefinite contract binds the teacher as well as the school No permanent mitted to cancel his contract during the school term, or for a period of thirty days previous to the beginning of a school term, unless there is an agreement to that effect between the teacher and the school corporation, in which case the teacher may cancel his contract by giving a five-day notice.*” city or town corporation. teacher is per- Teachers in first-class cities in Minnesota (Duluth, Minneapolis, St. Paul) also have permanent tenure of position if reappointed No legal provisions govern the duration of teach after a three-year probationary period. ers’ contracts outside of first-class cities. New York state is divided into “city” and “rural” districts with respect to providing for appointment of teachers. ‘Teachers in city school systems are granted permanent tenure of position after an initial period of service of from one to three years. In rural districts teachers are employed annually.** A 1935 law specifies that no state regulation is to be pre- scribed in cities of 400,000 or more population which might cause removal of teachers, ex- aminers, and supervisors who have satisfac- torily completed probation. These employees are to hold their positions during good be- havior and satisfactory service.*° In Oregon, teachers’ appointments are made permanent probationary of after a period 1928 365 Section 7705. p Department of Public Instruction, 1933, Section 448, p Department of Education, 1933. p. 20 University of the State of New York, 1929 5] three years, in districts having 20,000 or more inhabitants ( Portland, Salem) .*° No legal pro- visions have been made for duration of con- tract in the school districts having less than 20,000.*7 In the first-class cities of Wisconsin ( Mil- waukee), teachers in the regular public schools and in vocational schools become permanent after a three-year probationary period. Instruc- tors in state teachers colleges of Wisconsin also become permanent after three years of con- tinuous service. No legal provisions for dura- tion of contract are in effect in other school districts.** Provisions for the permanent appointment of teachers in the larger cities within a state are much the same as those in states having permanent tenure on a statewide basis. ‘Teach- ers are assured of their positions during eff- cient service and good behavior. They may not be dismissed without proper legal procedure. 7. Legislation permitting contracts for more than one year in certain units and either (a) annual election, or (b) no legal statement con- cerning the contract period in other school units—Four states are included in this group: Mississippi, Nebraska, North Dakota, and Texas. In the separate school districts of Missis- sippi, teachers’ contracts may be made for three-year periods; but teachers appointed by the county superintendent in public school districts are elected annually.*® In Nebraska, contracts may be made for three-year periods in cities of 40,000 to 100,- 000 population and in metropolitan cities (Lincoln, Omaha), but no legal provisions have been made concerning the length of time teachers may be employed in districts having less than 40,000 inhabitants.*° The five independent districts of North Dakota may employ teachers for three-year periods, but no legal provisions have been ™ Oregon. 1935 Supplement to the 1931 Oregon School Laws and the 1933 School Law Supplement of Public Instruction, 1935. Chapter 26, p. 22-26. made for length of employment of teac} common school districts.*! In ‘Texas, teachers’ contracts may be for five years in independent districts | 5000 or more scholastics; and for thre: in independent districts having less than $()\\\) scholastics. In common school districts are no specific legal provisions.** 8. Permanent tenure compulsory in c: districts and optional in others—California the only state with this type of tenure pr vision. In districts having 850 or more of average daily attendance, permanent tenure is compulsory after a probationary period o{ three years. In districts having fewer: 850 in average daily attendance this plan optional with the employing board.®* Efe tive September 1, 1937, tenure for permanen: employees ceases at the age of sixty-five such employees may be reengaged annual|\ the discretion of the governing board.** 9. Three types of provisions for duration teachers’ contracts in different areas of th: same state—lllinois has three types of tenure provisions in effect, each applying to different classes of school districts. In cities over 500,000 population (Chicago), teachers are placed on permanent tenure after a three-year proba tionary period. In districts having from 1|()()() to 100,000 inhabitants, contract periods ma, extend for three years after a.two-year pro bationary period, while in districts having less than 1000 in population, no legal provisions have been made for duration of contract. 10. Continuing contract in all except first class districts—The Pennsylvania statutes pro vide the continuing contract plan for all teach- ers in second, third, and fourth-class districts Under this plan contracts continue in force year after year unless terminated by written notice from either party sixty days before the close of the school term. First-class districts Salem: State Depart * The attorney general has held that boards of directors may contract with teachers for more thar one year * Wisconsia 42.55, Subsections 18 and 19, p. 521; Section 40.19, p. 473. Laws of Wisconsin Relating to the Common Schools Madison: Department of Public Instruction, 1928. Sect ®” Mississippi. School Laws of the State of Mississippi. Jackson: State Department of Education, 1928. Section 126 (1 p. 61; Section 77, p. 33. ™® Nebraska. School Laws, 1929-30. Lincoln: Department of Public Instruction, 1930. Section 6314, p. 64; Section p. 154; Section 6647, p. 161. ™ North Dakota. General School Laws. Bismarck: State Department of Public Instruction, 1931. Section 1297 (6), p ® Texas. General School Legislation. Austin: State Department of Public Instruction, 1930. Article 2781, p. 5. %3 California. School Code of California. Sacramento: State Department of Education, 1931. Sections 5.504, p. 246 Statutes 1935, Chapter 690. Sections 5.500, 5.501, 5.502, 5.503. ™ California. Statutes 1935. Chapter 690. Sections 5.505 and 5.506. % Illinois. School Law of Illinois. Circular No. 225. Springfield: State Department of Public Instruction, 1928. Section 127a p. 61; Section 161, p. 80; Section 138, p. 68. Also Circular 256, Section 138, p. 77. [176] Philadelphia, Pittsburgh) make their own renure regulations which differ from the pro visions effective in other districts.*' Number of Teachers Affected The preceding sections have described a number of different types of tenure legislation, some of which apply in all school districts within a state and some of which are varied in the same state as among the different kinds of school districts. Figures are not available which would show precisely the number of teachers working under each of these differ- ent types of tenure laws. ‘Table 2 gives an ipproximately accurate distribution, using data on the number of teachers as of 1932. An even better appreciation of the great number of teachers not protected by tenure legislation may be obtained from Figure II. Table 2 does not take account of tenure pro- boards visions voluntarily adopted by local of education outside of state requirements. Detailed Analysis of Tenure Laws in Six States There are six states which now have, ot which have had at some previous time, state legislation giving permanent tenure after a probationary period to all public school teach- *® Pennsylvania. The School Law. Harrisburg revision of Section 1205 Department ‘These six states are California, Indiana, Louisiana, Marvland, Massachusetts, and New Jersey. Maryland outside of Baltimore and Boston, respectively, CTs, and Massachusetts laws apply but since these two cities have tenure provisions of their own which are of the same general type as the corresponding state provisions, the laws may be considered for all practical pu poses statewide in nature. Of the remaining four states, only Louisiana and New Jersey now have a tenure law which applies to all teachers. ‘Table 3 shows the principal provisions TABLE 2.—NUMBER OF TEACHERS AFFECTED BY VARIOUS TYPES OF STATE TENURE LAWS Number Type of law of teachers Percent l 2 Teachers in states without tenure legisla ion of any type 000 Teachers in states with an annual election plan 000 Teachers entitled to tenure after a pro bationary period 000 Teachers under continuing contract laws 000 Teachers in districts which are permitted by law to issue contracts for more thar one year BO. OOO Unclassified 58,000 Total 869 000 f Public Instruction, 1929. Sections 1205, 1205a FIGURE II PROPORTION OF Research Division, National Education Association TEACHERS UNDER VARIOUS TYPES OF STATE TENURE LAWS 54% i No legislation, or annual election plan 93 9, 4 :_‘Ienure granted after a pro _ bationary period Continuing contract laws ] unclas i} All others, including sified DIt p4 ya sasneo JO asNneod jo SadieYyD 1O adieYoO u2ezIUM YSTUIN] 0} 3a}}1WIWIO pieoqg juepuajULedns sesieyd us Aqunos 0} Ayunod jo uoIsIAOId ON pseoq Surusaaos Aq pesyeinuso; sasieyo jo }UsUIIIeIS UIIIUUM UOdN JO preOg Burluse -AO3 YUM sues Surly uosiad Aq payiea pue peusis A[np sadieyo wa}UM jo Buriy eyo Bulli) -aid jo sauuReyy “® "QOIAJOS wo1j [BAOUIeI 40} ainpacsc0ig (Pp) uossead Aq peusis ‘us AY “uonelye jeonyod 10 ‘UOTsIjea ‘ales ‘aseusew ‘xes ‘ase ‘asouep -I8a1 JO uoseal Aq aq 0} JOU ‘sjidrd jo Jaquinu ul uononp -21 0} anp sjessimsiqy ‘suoN -sod jo uonyoqe ul peaAses -GO aq 0} BdIAja8 JO AJOTUIS sjidnd jo Jaquinu ul a8e80190q ‘asneo ysn{ 1ayiQ “48 -yora? & 0} BurmooequN jonp -uod ‘Ayoedeour ‘Aouepyjeuy *spidnd jo Jaquinu ul aseaideg ‘asNed poo’ 1ayIQ + ‘“uoNeuUIp -soqnsul ‘juapuajuledns Jo Jayoea} & O} BuIMMOSequUN JONp -u0d ‘Ajpedeour ‘AduaDyjeuT “Aynp JO WeaZeu [nym ‘ADuajzadw09 -ul + ‘uOljeUuIpsognsul ‘asoyjo ul JONpuCosIM ‘AIIeIOW UIT *suo!jIsod Surysea} jo Jaq -uinu Uj] aseeIdep aiqeynsnf “‘suOseal [eUOCSIId 40 JeoONYOd 4103 JON ‘asneo ynf pue poos say30 pue ‘Ayyesowul ‘AInp jo We]seu ‘ainjeis Aq peuyep se uon -eulpsoqnsul ‘Auajedwoouy "@01Asas JO AjLIOTUasS @AJasqO 0} SISNBD assay} 41OJ S[eSs!UISIpP ‘aoIAses jO pury sepnonsed jo souenun -uoosIp JO sjidnd jo Jaquinu ul aseaid9q ‘apniidin} pesow BuIA[OAU! auZD Aue JO Auojay jo u0n -O1AU0D ‘preoq BulAojdura Aq 410 uonMeD “Nps jO preog 3je3s Aq sjooyss SIqQnd 103 Peqiuoseid suone[n3a1 ajqeuosevas 10 SMe] Jooyss 33e38 AaqoO 0} [esNjal JO jo uo -B[OIA JUaIsISIed ‘UsIP[TyD YIM azeTDOSSe 40/pue yons78uI 0} WY Bun IYyUN UONIP -UOd [BJUeUT JO [BOIBAYM ‘3dTAJas 10} ssou -1yuN JuaplAs ‘AduUajJadmIOOUT ‘AIsaUOYsIpP ‘WISITROIPUAS [BUTUILID JO 8}9e JO UOTSSTUI -“WiOD 34} ZuNneOApe 410 ‘Burpre ‘Bun iw -WOd !jONpuoS jeuOIssajoidun JO jeIOW WY] ‘poled Areuoneq -o1d Jaye jessTu “SIp 10) sasne-y (¢) ‘read DtWapeoR Suripsssons yxeu jo Buruus -9q 7e peAojdwme pure sie9d o1Wepeoe aAI}NOVsUOD fF JO tpaeog Surdojduia Aq pexy powied sayoys ssajun siv—d Jepuajeo sATNoOVUOD so14 ] “s1B9A Jooyos sATNIISUO0D eeiI4L “‘sivaA OM] “uO0T}BJOd109 JOOYSS sures AQ peAojdweas A[juanbasqns pue S1B9A BAISSGDONS B1OUI JO BAI “1ReaA JOOyss Burpescons yxau JO} pajdajaez pue s1eah [OOYDS BATNIVSUOD ajajduIOD se14 J “pouad Areuonyeqoig (Z) *Wdaye pur aos0j [Ny ul *s}0OYyos y3Iy pepre-a7eis ul siayore3 jO paimbas sazBoyN499 jo sia ‘sjuepuajuLedns AjuNOD jo sue sIsse [eUOTssajoid os|y “weIshg wWoIWaINeYy Sisypoea] azeIg JO siaquieu p99 a8e [nun ‘suoneiodiods § jooyss yons jO SquepuajuLiedns pue sjue -pusjuedns Ue sISse pasusd “| pue ‘suones0di0s umo} *‘periqryoid jOLysIp sures jo sjooyos ZurusAe pue Aep y30q UI aINUay “reaA 0} IeaA WOly paidsajael aq Aru yNq UONIe10I1d 3iNUa} Sas0] gg aBe Bur -yoval saAojduia Juaueuied ‘/¢6] ‘1 “dag ®ANIeYA “suonisod payeoynse ul see -Aojdwia Aiosiasadns puke aaneisuiwmpy “V'C'V 4! 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Certain miscellaneous provisions of these laws which are not readily classified are given at the end of this tabulation. The table has been submitted to each of the states concerned for checking. The sources upon which Table 3 has been based are as follows: CALirorNiA: Statutes, 1935, Chapters 690, 691, and 697. Also School Code of California, 1931. Sacra- mento: State Department of Education, 1931. p. 241-64. INDIANA: School Laws Enacted in 1932 and 1933. Indianapolis: State Superintendent of Public In- struction, 1933, p. 20-21. Also School Laws of the State of Indiana. Indianapolis: State Superinten- dent of Public Instruction, 1932. Section 145, p. 70. Mary.tanpb: Public School Laws of Maryland. Balti- more: State Board of Education, 1927. Section 52, By-law 13, p. 23; Section 86, p. 56. MassacHusetts: General Laws Relating to Educa- tion. Bulletin of the Department of Education, No. 7. Boston: State Department of Education, 1932, p. 21. Also Laws Relative to Education 1934, Chapter 123. Boston: State Department of Education, 1934. 2 p. (Mimeo.) New Jersey: New Jersey School Laws, 1931. Tren- ton: Commissioner of Education, 1931. Article II, Section 24 (10) p. 15; Article VII, Section 165 (86) p. 83-84, 86; Article VI, Section 105 (69) p. 46; Article VIII, Section 232 (2), p. 123. Also New Jersey Teacher Tenure Law and Interpre- tation. 2 p. (Mimeo.) Chapter 243, Public Laws 1909 as amended by Chapter 27, Public Laws 1935; Chapter 126, Public Laws 1935. Tenure for School Administrative Officers It is probable that the schools in the states having statewide tenure suffered less, finan- cially, during the depression than any com- parable group of non-tenure states, and that * Regarding Louisiana see footnote at end of table, p. 181. *® This section has been condensed from the following article: of the National Education Association 24:156; May, 1935 [ 182 one of the basic causes of this condition is the tenure teachers have not been afra fight for school support. The superintendent cannot, single-han protect and develop a school system. Su intendents need the support of a fearless of teachers, and tenure makes such su; possible. Teachers without tenure are much handicapped in opposing such practises as overloading classes, eliminating neces school subjects, and unjustifiable cuttin; salaries. It is also apparent that the adoption o1 actual rather than a theoretical program the schools for the preparation of students { a changing society can only be possible und the protection of tenure. That there can be » real academic freedom in the public sch without tenure is admitted by most student the subject. It is probable that there is no membe: the school force so much in need of tenure the superintendent. The teachers hold hin responsible for a professional administratio of the schools, and the board members exp: him to carry out their desires and wishes. H; is always under attack from some quarte: There seems to be an interesting trend at t present time toward including superintendents under tenure. In both Indiana and Mas: chusetts superintendents are under tenure. | effect has apparently been to improve the re tionship between administrative and teac! groups and to more easily present a front for the protection and improvement the schools.** The Department of Superintendence, Feb: ary 1936, passed the following resolutio: “That the Department of Superintende: here assembled in St. Louis, Missouri, Febru 25, 1936, condemn, as contrary to the p: ciples upon which the public schools of Am: ica were founded, any removal or appointment of a teacher, administrator, or any other e1 ployee of these schools, on the basis of or in a: manner because of political or partisan cons erations; .. .” unite DuShane, Donald. ‘‘The Superintendent and Tenure,’ /ow III. Teacher Tenure in Foreign Countries Indefinite tenure for teachers during efh- ciency and good behavior is characteristic of the school systems in many countries outside of the United States. In order to secure detailed information on the gradation given teachers n other positions in foreign countries, the following four questions were asked either of the diplomatic representatives in Washington, D. C., or of the proper official in these countries : 1. Who appoints teachers in the schools of your country that are supported wholly or principally thru public taxation? 2. Are such teachers reappointed at regular in- tervals, such as once every year, or are they ap- pointed to a position for an indefinite period so long as they give satisfactory service? 3. For what causes may a teacher be removed from his position? 4. What difference is there in the regulation affecting the appointment and tenure of teachers and those affecting the appointment and tenure of supervisory or executive officials in the schools of your country ? A review of the following specific pro- visions covering the appointment, tenure, and dismissal of teachers and school administrators in foreign countries shows a large amount of divergent practise. Clearly, however, the “hire- and-fire” practise, under which nearly half of the teachers of the United States work, is not characteristic of the educational systems of other countries where a high degree of edu- cational development has taken place. In the review which follows the paragraph numbers indicate the answers given to the numbered questions listed above. Irish Free State 1. The national schools, of which there is at least one in every parish, are entirely a public charge. The schools are built and maintained by the state and the salaries of the teachers called national teachers are paid directly by the state. In these schools primary education is given free to all pupils. Persons who wish to qualify as national teachers are required to attend one of the national teachers-training colleges which again are financed entirely by the government. When a teacher has qualified he applies for a position in a school where there is a vacancy. The application is sent to the manager of the school, who is, in the Catholic schools the parish priest, and in the Protestant schools the parish rector. The secondary teachers, who are a much smaller body, teach in schools which are equiv- alent to high schools in the United States. Secondary teachers are now required to meet high standards. They must all possess a uni- versity degree. Unlike the national teachers the secondary teachers are paid by the school em- ploying them tho such schools receive fees on results from the department of intermediate education which is financed by the government. As these fees are generally considered not sufficient to maintain the schools the pupils are required to pay small school fees. The greater number of these intermediate schools are owned by and managed by religious orders. The university teachers are employed by the universities and paid by them. There are only two universities in the country, one of them consisting of three colleges and the other one college. The government makes a grant to each of the universities but these grants are not meant to be sufficient to give free univer- sity education. The technical schools are financed by the government but there is a supplementary rate levied by the local authorities who manage the schools. Mainly these schools are night schools where young men and women study technical and art subjects. The teachers are appointed by the local authorities subject to the approval of the board of technical education which is financed by the state. 2. Teachers in the national schools are ap- pointed for an indefinite period and are re- tained as long as they give satisfactory service. Secondary teachers are not so well organized as the national teachers, but in late years their lot with respect to security of office and salary standard has been considerably improved. The employment of university teachers is for an indefinite period and generally is for life or until retiring age. Teachers in the technical schools are also appointed for an indefinite period. 3. The manager of the national schools has full control in matters concerning the teacher, including the power of dismissal but it is rarely the case that there is a dismissal except on grounds of continued intemperance or se- rious moral turpitude. University and tech- [ 183 ] nical teachers are removed only for some grave misdemeanor. +. ‘The policy, programs, etc., in connection with the national school system are controlled by a board of national education which employs inspectors (generally recruited from the ranks of the teachers). The members of this board as well as the inspectors rank as civil servants with pension rights. The teachers also are entitled to pensions to which, however, they contribute a percentage from their salaries. Great Britain 1. The appointment and dismissal of teach- ers in public elementary schools provided by the local education authorities, i. e., the coun- cils of counties, county boroughs, certain other boroughs, and certain urban districts, rest with the authorities. The teachers in voluntary schools, i. e., schools provided by voluntary bodies but maintained by the local education authorities, are appointed by the managers of the school subject to the consent in each case of the local education authority, which consent must not be withheld except on educational grounds. 2. In schools which are maintained or aided from public funds, teachers are employed under contract of service terminable on either side at a specified period of notice. Save in special circumstances a teacher may not be employed after the age of sixty-five. 3. Teachers may, however, be removed without notice on grounds of misconduct. ‘The consent of the authority is also required to the dismissal of a teacher from a voluntary school unless such dismissal is on grounds connected with the giving of religious instruc- tion. 4. The board of education for England and Wales and the committee of council on educa- tion for Scotland appoint H. M. inspectors of schools. Inspectors are placed on probation for two years. Their appointment may be can- celed at any time during or after the period of probation on the ground of unfitness or misconduct. Finland 1. Teachers in the public elementary schools of Finland are appointed by a board of school directors. According to the Finnish laws, such a board must exist in every parish or city. The appointment of a teache: be affirmed by the inspector of public s in each district, but in case of controvers tween the board of directors and the insp: by the board of schools of Finland in He fors, which is the highest school authori: the country. Teachers in the public seconds schools are appointed by the board of schools 2. Teachers are first taken on trial for + years, and only after that do they get the fing appointment which is for an unlimited time 3. A teacher can be removed from his pos tion if he, after having been (a) warned and (b) suspended for a limited time from service continues to be negligent or inattentive i his work or to make errors in performing his duties. He may be removed without any warn ing if he, thru immoral living or otherwise endangers the welfare of his pupils or the « tivities of the school. In all cases the board of schools pronounces the sentence of remova after legal proceedings before the board. |{ teacher commits a crime he will be tried, sen tenced, and removed by an ordinary court. 4. The members of the board of schools of Finland are appointed by the president fo: an unlimited time as generally are all officials in Finland. Australia Queensland 1. The Teachers Training College in Brisbane is the main avenue for admission to the teaching service. Candidates are admitted to the College after consideration of the quality of their passes at the University examination, their personality and their physical fitness. If their career at the Training College is satisfactory, they pass auto matically into the service. The Minister for Educa tion appoints all teachers on the recommendation of the director of education, who is the permanent head of the department. 2. Having been admitted to the service, teachers are permanent officers. They may resign at any time, or may continue until they reach the age of sixty-five years, when, according to regulations. they are retired. 3. A teacher may at any time be removed from his position if his service is unsatisfactory, or if he has been guilty of improper conduct. Females cease automatically to be officers of the public service when they marry. 4. Executive and supervisory officials are ap pointed by the Minister on the recommendation ot the director of education. They have the same rights and privileges as teachers, and are subject to the same public service regulations. [ 184] South Australia 1. The Minister of Education appoints teachers recommendation of the director of education. 2. Teachers are appointed to a position for an in- jefinite period so long as they give satisfactory ryice 3. Any teacher is liable to dismissal for wilful breach of regulations, falsification of records or returns, immoral conduct, intemperance, insubordi- nation, conduct unbecoming a teacher, or habitual neglect of duty. Victoria . DOS! t i and 2. Classified (adult) d and cruited from the ranks of student teachers. Student teachers are appointed by the Minister of Public Instruction, on the advice of his administrative ofh- cers, and are on probation during their course. \fter serving two years they enter the teachers col- lege, and, on the termination of a successful course therein, they receive appointment as classified teach- ers. Classified teachers are appointed permanently, subject to good behavior. teachers are re- TV 3, A teacher can be removed from his position for neglect of duty, for inability to carry out his duties, and for conduct unbecoming to a teacher. Being a public servant, he can be removed only wy direction of the public service commissioner. 4. Executive officials are appointed from the pro- fessional division of the service, and this latter staff is recruited from the ranks of the teachers; there is no difference in the tenure of their positions. Western Australia 1. The Minister for Education appoints teachers in the state schools of Western Australia. 2. There are two types of teachers, those on the permanent staff and those on the relieving staff. Of course, the relieving staff is comparatively small. Teachers on the permanent staff are appointed for indefinite periods so long as they give satisfactory service. Teachers on the relief or supply staff are appointed for “stop-gap” purposes only. isbane aching ‘ollege passes nality, at the auto 3. Any teacher on the permanent staff may be removed from his position or reduced in classifica- tion for inefficiency of work or misconduct. educa dation anent rn ° ° ° . nee 4. There is no difference in the regulations affect- ing the appointment and tenure of teachers and those affecting the appointment and tenure of in- spectors and other executive officers. achers it any age of ations, Tasmania 1. Teachers’ appointments are made by the gov- ernor in council after being recommended by the director of education and approved by the Minister for Education. from . if he cease ervice 2. Teachers in this department are appointed for a position for an indefinite period so long as they e ap ’ m ive satisfactory service. ion ot rights to the 3. Regulation 32 states: “The certificate of any teacher may be reduced or canceled for inefficiency, neglect of duty, or serious misconduct, and the Minister may remove him to a less important posi tion or to a lower class school or to a school of less importance in the same class, or may recommend i] to the governor in council that his services be dis pensed with altogether.” 4. There is no difference in the regulations affect ing the appointment and tenure of teachers and supervisory or executive officials. Austria 1. For the federal medium schools (which include what would be considered high schools in the United States), the directors are ap pointed by the federal president; the right to appoint the other teachers for federal schools the president has entrusted to the competent federal minister (Minister of Education). 2. Regular federal teachers are appointed for an indefinite period; auxiliary teachers, however, merely for the period of absolute necessity (the latter’s appointment can be re voked at any time). 3. The federal teachers can be removed from their position by permanently appointed being pensioned or by dismissal, either as the result of a disciplinary sentence for gross vio- lation of duty or of a criminal verdict. The school teachers are governed by federal legis service regulations for elementary- lation only as far as the principles are con cerned; the details are governed by state leg that certain between the different states. This appointment is, as a rule, made by the respective state (state state appointment board). They are appointed first islation so discrepancies exist authorities government, teacher as provisional teachers and after a certain period of satisfactory services and the passing of certain practical examinations, in most of the states, they then automatically acquire a permanent appointment. The removal pro- visions correspond to those of federal teachers. 4. The supervisory school officials are fed eral employees; those of higher rank, the so called Landesschulinspektoren, are appointed by the president; the others, Bezirksschulin- spektoren, by the federal Minister of Educa- tion. Their tenure of office corresponds to that of the federal teachers. France 1. University professors are appointed by the president of the Republic from a list of candidates whose names are submitted by the Lycée professors are ap- faculty council. [185 ] pointed by the Minister of Public Education. Primary school teachers, gallice, instituteurs publics are appointed by the prefects; that is to say, by the governors of the departments, upon recommendation of primary school in- spectors and académie inspectors. (Prefects are appointed by the president of the French Republic on advice of the Ministry of the Interior; France is divided into 89 depart- ments. ) 2. All primary school teachers and lycée professors, as well, are appointed for an in- definite period, as long as they give satisfac- tory service; the actual tenure of office may vary from twenty-five to thirty years. 3. As a rule, no teacher can be removed from office unless he has been found guilty of a very grave misdemeanor. Removals are very rare, and cases carefully investigated. The re- moval from office of a French public teacher, or, when it comes to that, of any other state official, is a most serious matter. A teacher may appeal for redress to the state council, the Minister of Public Education, or the higher council of public education. 4. Supervisory or executive officials, i. e., primary school inspectors, académie inspec- tors, and lycée proviseurs (principals) are appointed by the Ministry of Public Education for an indefinite period, as long as their serv- ices are satisfactory. Union of Soviet Socialist Republics 1. The people’s commissariats for education of the seven republics of the U. S. S. R. (each republic has its own commissariat for educa- tion) appoint the teachers in the Soviet schools. The district divisions of the commissariats appoint the teachers in their respective districts. 2. The teachers are appointed for an in- definite period so long as they give satisfactory service. 3. If teachers are found inadequate to the demands of their positions, they may be re- moved. 4. There is no difference in the regulations affecting the appointment and tenure of teach- ers and those affecting the appointment and tenure of supervisory or executive officials in the schools of the Soviet Union. Union of South Africa 1. All teachers in South Africa are ap- pointed by the governing authorities of the respective educational systems : (a) For higher education, that is, education, the control is vested in the r: university councils on which the union , ment is represented. (b) For technical, vocational, and education the control.is vested in th: government acting for all such educat cepting agriculture, thru the Union De; of Education, and thru the Union Dep of Agriculture and Forestry for agri education. (c) For education other than (a) a above the control is vested in the respec; provincial governments. 2. All teachers are, after a probat period, appointed on permanent tenure ject to an age limit, their good behavio: satisfactory service. 3. Removals can only be made after a ; public hearing, if so desired by the teach: the governing authority. 4. There is no essential difference betwee; the appointment and tenure of teachers supervisory or executive officials in the school in South Africa. Switzerland 1. Teachers of the public schools in Swi: zerland are appointed either by the munici assembly or, in cities, by the town council, and in certain localities by the schoolboard. 2. Teachers are appointed for a tern four to six years, appointments for an unr stricted period are known only in Bale-Cit 3. A teacher may be removed for the f lowing reasons: Undutiful and improper cor duct or behavior which is incompatible wit the position of a teacher. In the canton: where pension laws exist, teachers are pen sioned off in case of long illness or decrepitud otherwise, as a rule, at the age of sixty-five 4. Supervisory or executive officials and members of the schoolboard are nominated } the municipal assembly, or the town counc usually for a period of from four to six \: Sweden 1 and 2. Distinction is made in Sweden tween ordinary teachers who are appointed without other time limit than that stipulated in connection with pensions, and non-ordina’ teachers, who are appointed for brief fixe’ periods. [ 186 } Cr con e wit! ‘antons yitude ty five Is and ited by ouncil ’ years len be- yoInted ad yuiated ‘dinars Ordinary teachers at the state secondary hools are, as a rule, appointed by the cab- scl inet upon the recommendation of the central board of education. The latter, however, ap- ooints certain teachers: women teachers and reachers in the so-called training subjects (for example, drawing, music, and handiwork). For limited periods (usually not more than five years) ordinary teachers are appointed headmasters of the secondary schools by the cabinet upon the recommendation of the board of education. Non-ordinary teachers at the secondary schools (extra teachers, sub- stitutes, and teachers on a time basis) are gymnastics, isually appointed for not more than one school year by the board or—in certain specific cases by the headmasters of the secondary schools. At communal intermediate schools subsi- dized by the state (communal girls’ schools ind higher elementary schools), the ordinary teachers are appointed by the schoolboard con- cerned, which also appoints extra teachers and substitutes, as a rule for only one year at a time. Protest against the appointment of or- dinary teachers at these schools may be made before the board of education. Headmasters of these schools are appointed by the board of education, usually for a period of five years, from among the teachers of the schools. At the private secondary schools subsidized by the state (higher boys’ or coeducational schools, and private intermediate schools), the board of education sets the number of so-called regular teaching positions. The holders of these positions as well as substitutes and extra appointed by the teachers are appropriate schoolboards. The boards of both the communal and pri- vate schools referred to above are required to notify the board of education of the teachers employed, and the board looks into the com- petence of the non-ordinary ones. Regarding the lower public school education it the elementary level, the entire expendi- ture for teachers, which is now paid by the state, the teachers are appointed by the differ- ent municipalities either at regular assemblies by special bodies organized by the muni- cipalities. The state has established certain re- strictions with regard to the announcement ot openings for elementary-school teachers. 3. An ordinary teacher as a rule cannot be dismissed except by decision of a court, which n certain cases is the appropriate ecclesiastical chapter. For error or negligence in duties or because of behavior in general, an elementary- school teacher may, however, be dismissed by the schoolboard (school council) concerned. Teachers may in certain cases be suspended from duty for a certain time by the appro- priate schoolboard (by the board of education when teachers at the state secondary schools are concerned). A sick teacher may certain retired sorily) with pension, ahead of time. 4. For the appointment of teachers there are special, detailed regulations set down in the bylaws of the various schools. On the other hand, the same regulations apply to administra under circumstances be (compul- tive civil employees in the school system (ex- cept for headmasters, rectors, etc., who along with their administrative duties have thei: duties as teachers) as apply to the civil service in general. With respect to the appointment of teachers, there are special regulations con- cerning competence and promotion, the an- nouncement of a vacancy, application docu- ments, and appointment procedure, as well as the right to protest against an appointment. The board of education in this respect wishes to refer to the current regulations for the various schools, which may be obtained in the bookshops. Spain 1. The Government thru its proper author- ity, the Ministry of Education, appoints teach ers. To become a national teacher in Spain one is required to be a bachiller, that is a high school graduate, and then pass the four years of normal courses of the Normal de Maestros, which are specialized studies for teachers. 2. Such teachers are appointed for life. 3. Teachers may only be removed on charges by a regular trial. 4. All teachers enter by competitive exam ination. Supervisory or executive officials in the schools are subject to the same regulations aftect teachers. which appointment and tenure of Norway 1. In the primary schools the teachers are ( skole sty re) which is in operation in every parish and town. appointed by a school council The successful passing of an examination at a public training college for teachers is a necessary condition for permanent appoint- [ 187 | ment 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 condition for per- manent appointment as assistant master or mistress (/ektor), or principal (rektor) in secondary schools, but in the lower forms teachers with lower academic qualifications are also employed. 2. The teachers are appointed for an in- definite period so long as they give satisfac- tory service. 3. A teacher may be removed 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 seventy and sixty-five (men and women, respectively ). They belong to the state pension fund (statens pensionkasse) and receive an annual pension on their retirement. 4+. While teachers in primary schools are appointed by the school council the school in- spector supervising the schools of the munici- pality is appointed (permanently) by the mu- nicipal board. The school directors (usually one for each diocese) are appointed by the government. Thru 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 spe- cial department for primary schools. The 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 municipalities, they are ap- pointed by the municipal councils. 2. The teachers are appointed for life on condition of good behavior. 3. A teacher can be removed on account of inefficiency or bad conduct. Italy 1. The Italian schools are to be divided into three degrees: elementary schools, sec- ondary schools, universities. Both elementary and secondary schools may be public and pri- vate. There are no private universities. ‘This information concerns the public schools only, as the directors of private schools appoint their teachers without any general or { criterion, The public schools depend entirely the government, and the appointmen: teachers is ruled by the Ministry of Natio Education, thru public competitions an those Italian citizens who are entitled to + in each degree or type of school. For th: mentary schools such competitions have gional character and extent; while fo; secondary schools there is only a differ: between larger and smaller cities. 2. A teacher, once he has been appoin: must pass a three-year period of experime: after which, if confirmed, he does not ne: any other reappointment, keeping his positio: until he reaches his sixty-fifth year of age seventieth in the universities). 3. A teacher may be removed trom position either for serious motives of dis pline, or for disease, after a long period temporary discharge. 4. There is no difference in the regulations affecting the appointment and teachers and those affecting the appointmen and tenure of supervisory or executive officials the latter positions being simply higher stay: of the same career. tenure Canada Yukon Territory 1. Teachers are appointed by the comptroller of the Yukon Territory, acting on the recommendatio of the superintendent of schools for the Yuko: Territory. 2. The appointment is for an indefinite time. It is understood that in ordinary cases changes are not made during the school year. 3. In former formal contracts the following clause appears: The teacher may be dismissed with out notice at any time during the said period up any one or more of the following grounds: 1: efhciency; insobriety; insubordination; conduct detrimental to the general welfare of, and tone of the school. The superintendent of schools shal! be the judge in the above cases, but the teacher shall have the right to appeal to the comptro!|: against the superintendent's decision. 4. There is no difference. Province of Saskatchewan 1. In schools that are supported wholly or p cipally thru public taxation the teachers are 4 pointed by the local schoolboard. 2. Under the school law the agreement betwee! teacher and a board of trustees may be terminated [ 188 } the end of a school term, June 30 and December by written notice to that effect given at least rty days previously. The teacher’s agreement m, however, provides for a continuity of service Che board of every district shall have power suspend or dismiss any teacher for gross mis- conduct, neglect of duty or refusal or neglect to ‘bey any lawful order of the board, and to forth- vith transmit a written statement of the facts to the {epartment. 4. The government of the province appoints in spectors of schools under their super vision from 100 to 150 teachers. Local boards ap jint, subject to the approval of the Minister, the executive officials in the school districts if the num- of teachers warrants such appointment. Super who have ntendents must be qualified and holders of the oper certificate. Province of Quebec 1. Teachers are appointed by local schoolboards commissioners or trustees, in schools ~vhich re eive part of their support thru public taxation. Teachers are engaged yearly by contract or to complete a school year already begun or for more than one school year in special cases approved by the superintendent of education. If a schoolboard lecides not to reengage a teacher for the following vear, notice in writing must be given such teacher fore June 1 preceding the expiration of the en gagement. If such notice is not received, the teacher s deemed to be reengaged on the same terms, for the same school, for the following year. 3. The engagement of a teacher may be canceled, ifter deliberation of the schoolboard, at a meeting called for the purpose, on account of incapacity, negligence in the performance of duties, insubordi- nation, misconduct, or immorality. 4+. The superintendents of schools, where there are such in particular areas, are appointed by the schoolboard they serve, on its terms. Inspectors of schools are appointed by the lieutenant-governor in council. Province of Prince Edward Island 1. Teachers are appointed by the boards of trus tees of the several districts. 2. The appointments are for a year and reap- pointments then take place. 3. The teacher may be summarily removed for gross neglect of duty or immorality and without cause by giving a three-month notice. 4. The appointment of supervisory or executive officials is done by the Provincial Government and both the appointments of teachers and government officials are done at the pleasure of the respective appointing bodies. Province of Ontario 1. Each urban municipality and rural school sec- tion elects a board of school trustees whose duty it | is to engage the teacher or teachers for the schoo yr schools under its control 2. All appointed which contain clauses relative to their resignation teachers are under contracts or dismissal. The contracts may be renewed peri odically or they may state that the teachers are to remain in office until legally terminated 2 3. The teachers may be dismissed at the pleasure their canceled by the certificates may be Minister for which the of their boards, or suspended or ineth ciency, neglect of duty, or other causes Minister deems sufhcient. +. Teachers, supervising teachers, or principals ire appointed by the local boards. Inspectors in the larger urban municipalities are appointed by boards subject to the approval of the Minister. Inspectors in rural communities are appointed by the Ministe: Inspectors may be removed from office by the Min ister or with his consent. Province of Nova Scotia 1. Teachers of the public schools are appointed by the school trustees of the section. Under the Edu cation Act for the province the trustees are in duty bound to keep the schools open on each of the pre scribed teaching days, in charge of a teacher or Nova Scotia licenses. No teachers in the public schools of the are appointed by the central education teachers holding regularly obtained province office. 2. When a teacher teacher continues to be a teacher is engaged by contract the year after year until his contract is terminated as provided by the terms of the contract. The non-continuance of the teacher’s service requires a three-month notice in the case of town schools and a one-month notice in the case of country (rural and village) schools 3. A teacher such as incompetency, neglect of duty, and immoral conduct may be dismissed for cause only 4. The officials of the department of education such as school inspectors, normal college teachers etc., are appointed by the council of public instruc Strictly, the officials are appointed at the pleasure of the council of public instruction. A Pub lic Service Act for the province has been passed and this may secure a greater permanency in tenure of office. tion. Province of New Brunswick 1. School teachers are appointed by boards of school trustees. 2. The teacher’s contract may be for one term July to December, or January to June, or for one year, July to June. If the contract is not terminated by a written notice, given either by the teacher or the trustees on or before the last day of November or on or before the last day of May, the contract automatically continues in force from school year to school year, which results in the teachers prac- tically being appointed for an indefinite period 3. A teacher may be removed from his position if he fails to keep the second section of his contract 189 whereby he promises to teach the school diligently and faithfully. He also may be dismissed for gross neglect of duty or for immorality, but only, how- ever, if the chief superintendent of education of the province is satisfied of the correctness of such dismissal. 4. School inspectors, local superintendents, secre- schools, and other officials do not have contracts similar to those of teachers, and are not appointed for any definite period, but it is very rarely indeed that any official is dismissed, after he has once been appointed. taries of Province of Manitoba 1. Each school district in this province is under the direction of a local board of school trustees in whom is vested the power of appointing teachers. 2. In practise, teachers really are appointed from year to year. There is some certainty of tenure in the case of the four cities in the province and in the larger suburban areas about Winnipeg, but in the great bulk of the schools of the province tenure is very uncertain. 3. Contracts usually run for one year and may be terminated at the end of the year without any cause other than the desire of the board or the community to make a change. It is not easy, how- ever, for a board to shift a teacher in the middle of the year unless the teacher in the opinion of the public school inspector proves utterly incompetent. 4. Apart from the city of Winnipeg, which has its own staff of supervisors, the schools of the province are supervised thru an inspection staff working under this department. These men are civil servants and their positions are fairly secure as long as they do their work. This really applies also to the supervisory officials of the city of Winni- peg, altho they are servants of the local schoolboard. Province of British Columbia 1. Teachers are appointed by the elected boards of school trustees, or by the official trustee when there is no elected board. The teachers must have a certificate of qualification issued by the provincial department of education. 2. Teachers are appointed for an_ indefinite period. Boards, however, have the power to make probationary appointments for one year. Probation may be extended for a second year. After the pro- bationary period, the appointment is a permanent one. 3. Teachers may be dismissed by the board of school trustees for inefficiency and gross misconduct, subject to the right of the teacher to appeal to the council of public instruction, which may investigate the matter, or may refer it to a board of reference for investigation and report. The council of public instruction may then confirm or disallow the action of the board of school trustees. In practise, the board of reference investigates appeals, chiefly in the months of July and August. This system has protected teachers against the worst forms of injustice. 4. Supervisory and executive officials ; ' as classified as those who are officials of the p; I department of education and those who are of boards of school trustees. Officials of the department of education such officials as the provincial superinten education, the provincial inspectors of scho directors of home economics and technica! tion, and the minor officials and clerical staf department of education. These officials 2 pointed by the provincial government (cal); the cabinet or the executive council) thru an in-council signed by the lieutenant-governo: ; province. This last step is a purely form as They hold office “during the pleasure of the « and may be removed at any time without ex ' re tion by the passing of an order-in-council re\ their appointments. Except in the case of clerical appointees there have not been mor: half a dozen dismissals since the passing 0! the Public Schools Act in 1872. A permanent ofhi the the department of education has practically | che nent appointment until superannuated. fis The teachers in the normal schools ar¢ é fin same position. pa Non-educational officials (secretaries, arc! building superintendents, heating engineers, c! employees) are appointed by the schoolboards are subject to the ordinary civil law in the n of dismissal. They may be dismissed upon a ¢! day notice, but like other public employees ar titled to bring action for unjust dismissal have no special advantage in law with resp: dismissal merely because of being employed board of school trustees. The board of school trustees of the city of couver may appoint a city superintendent of sc! who exercises the functions usual in such an off His appointment, however, and the revocatio: his appointment require the approval of the co of public instruction (that is, of the provi: government when it deals with education) Certain other cities (New Westminster and \ toria at present) have an equivalent official, te: a municipal inspector. Municipal inspectors ar« pointed by the council of public instruction the recommendation of the provincial superint: dent of education and the board of school trustees concerned. They hold office during the pleasur: the council of public instruction (which pays of the salary); that is to say, they cannot be missed by the board of school trustees. In the case where a board has tried to dismiss a muni inspector, the council of public instruction uph: the inspector. Vancouver, in addition to having a superint: dent of schools, has two inspectors, who would called assistant superintendents in the Unite: States. They are covered by the provisions of preceding paragraph. Supervisors and other special certificated « ployees are appointed by the boards of school t: tees. Such officials may be dismissed, at the end each half year, for the same reasons as teach: and, like them, they may appeal to the council public instruction against the dismissal, in which [ 190 ] , juct matter would be referred to the board of -e for investigation and report. Province of Alberta \ teacher is appointed by the board of trustees school district. Such teacher must hold a valid ate of qualification issued under the regula- »f the Minister of Education. \ teacher may be engaged under an agree- which continues in force from year to year, a definite period. \ teacher may be suspended or dismissed sum- y by the board of trustees for gross miscon- neglect of duty, or for refusal or neglect to bey any lawful order of the board. Appeal may e made to the Minister of Education. A teacher's greement may be terminated as provided by law. I mination is brought about at any time after: id of July and before the end of June in following year, an appeal may be presented to }] ( board of reference which either confirms or yws the action of the board of trustees. The ngs are binding and conclusive upon both 4. Inspectors of schools, who act in a supervisory pa 1 ity on behalf of the provincial government, are appointed and paid by the government, and hold office during the pleasure of the government In some of the larger school districts, the school board appoints a superintendent, who acts in a supervisory capacity for the board. His secretary is paid by the board, and he holds office during the pleasure of the board. Hungary l. Teachers in the schools of Hungary which are supported wholly or principally thru public taxation are appointed by the Royal Hungarian Minister of Religious Affairs and Public Instruction. 2. Such teachers are appointed for life. 3. A teacher may be removed from his position for inefficiency, for gross negligence, or for committing acts punishable by law. 4+. There is no difference in the regulations attecting the appointment and tenure of teach ers and those affecting the appointment and tenure of supervisory or executive officials in the schools. IV. Digest of Research Studies on Teacher Tenure The following list of references deals with the legal aspects of teacher tenure. No attempt has been made to include statistical studies of teaching experience or turnover’ except as they emphasize the operation of teacher tenure laws or lack of such laws. ALLEN, IRA Mapison. The Teacher's Contractual Status as Revealed by an Analysis of American Court Decisions. Contributions to Education, No. 304. New York: Teachers College, Columbia Uni- versity, 1928. 147 p. Analyzes state and federal court decisions to determine legal principles governing the con- tractual status of public school teachers. Compares trend of court decisions with professional stand- ards as stated by authorities. The decisions established, among other mat- ters, the right of states to fix prerequisite qualifi- cations for teaching service. Local schoolboards have wide discretionary powers to set up ad- ditional requirements. Statutory requirements must be met, at least in substance, when contracts are granted. Oral contracts are valid in the absence of statutes to the contrary. Dismissals must comply with statutory requirements. Tenure teachers may be dismissed, but only for cause and in accordance with procedures prescribed. Certain situations render salary deductions legal. ANperson, Ear W. The Teacher’s Contract and Other Legal Phases of Teacher Status. Contribu- tions to Education, No. 246. New York: Teachers College, Columbia University, 1927. 180 p. To outline the teacher's contractual status reports data from: 393 contract forms; copies of rules and regulations from 33 city school systems; state laws, including legislative trends since 1905, in ten states; state constitutions; court de- cisions; and rulings by school authorities in three states. Contracts in small school systems were found to be a little more apt to contain stipulations ren- dering the teacher’s tenure uncertain. Few of the rules and regulations place restrictions on teach- ers, and constitutional provisions seldom affect the teacher’s status. The right of local school- boards to extend their control thru contractual provision depends upon powers granted by the legislature. Contract items were specified by law in 23 states; causes for dismissal in 44 states; provisions for appeal in 21 states. Since 1905, statewide legislation and centralized control had increased in ten states at least. Berrs, GipertT L. “The Influence of Teacher Tenure Laws on Supply and Demand.” Journal of Educational Research 28: 118-31; 175-86; Oc- tober, November, 1934. A study based on data from 247,045 elem school teachers. This survey of supply a mand in states having different types of provision took into account such factors of place, sources of supply, and reas vacancies, The effect of statewide and partially ap; tenure laws on the number of new teachers annually was mainly confined to 1- and 2 schools and villages below 2500 pop Statewide laws were more effective in r: the number of teachers changing positions a state than in any other respect. In se permanent tenure, the principle of efficient tion proved superior to the principle of dismissal. ‘ALIFORNIA TEACHERS ASSOCIATION, TENURE ( MitTEe. “California Teacher Tenure.” § Educational News 28: 17-21; September, 193 Reports an investigation of the teache: problem in California. Includes results of tionnaires sent to boards of trustees and classroom teachers. Also gives recommend from several groups of trustees, administr and tenure committees. DuSHANE, DONALD, chairman. Report of the | mittee on Civil Service for Teachers. Was\ ton, D. C.: National Education Association (Mimeo.) 42 p. Excerpts: Proceedings, 193/. \ 72. p. 172-78. Also: Journal of the National F< cation Association 23: 194; November, 1934 Reports the results of an inquiry among school superintendents of Indiana. Replies received from 83 of the 102 cities in the stat total of 8378 teachers were covered by the inq) Results indicate that in Indiana “the benefits tenure have outweighed the detriments.”’ EvLspree, WILLARD S. Teacher Turnover in the ( and Villages of New York State. Contribut to Education, No. 300. New York: Teachers ( lege, Columbia University, 1928. p. 65-67. Part of a study of teacher turnover in 125 ci and village school systems of New York s based on records for 1925-26. Compares the rate of avoidable tenure and rate of dismissal for New York state in t! twenty smallest cities affected by tenure and twenty largest villages not affected by ten Absence of significant difference between rates for these cities and villages indicated th state tenure legislation did not tend to reduce turnover. Hovmstept, RALEIGH W. A Study of the Effects the Teacher Tenure Law in New Jersey. Cont: butions to Education, No. 526. New York: Teac! ers College, Columbia University, 1932. 111 ' For list of such studies see: National Education Association, Research Division. ‘“Teacher Demand and Supply.’ Res Bulletin 9 305-408. November, 1931. Washington, D. C.: the Association. [192] \ Rowland, Albert Lindsay, chairman Report of the Committee of One Hundred on Tenure Problems, 1931. Washington, D. C.: Na- tional Education Association, 1931. p. 2-8. Same: Proceedings, 1931. Vol. 69. Washington, D. C.: National Education Association, 1931. p. 266-70.) \pstract: \n evaluation of the New Jersey state teacher tenure law, with reference to its effect upon dis- missals, turnover, professional improvement, ad- ministrative policies, and attitudes of teachers and administrators. Based on data for 1695 teach- ers in 79 New Jersey school systems and 1712 teachers in 51 comparable Connecticut school systems. Found that the New Jersey tenure law had not appreciably reduced the amount of dismissal. Its stabilizing effect was mostly confined to teachers having 15 to 20 years’ experience. The law proved effective in protecting married teachers, especially where a definite policy existed against their em- ployment. The difficulty of dismissing unsatisfac- tory teachers was increased. Teachers had about an even chance of winning an appeal taken to the commissioner of education found to indicate that tenure teachers were less interested than non-tenure sional improvement. No evidence was teachers in profes- KANDEL, IsAAc L. “Tenure of Service of Teachers.” Teachers College Record 26: 127-44; 197-204; October, November, 1924. Pages 140-42 refer to findings in 1920 by the National Committee for Chambers of Commerce Cooperation with the Public Schools. Only 22 out of the 295 cities over 8000 population replying re- ported a teacher tenure law effective in their city. The article concludes with a survey of the attitude assumed by courts when a teacher, in certain typical states, takes legal action for dis- missal during term of service. Schoolboards in general practise were allowed much freedom. Courts based their inquiry largely upon whether statutory procedures in dismissal had been fol- lowed. ATIONAL EDUCATION ASSOCIATION, RESEARCH DI vision. “The Problem of Teacher Tenure.” Re- search Bulletin 2: 137-76; November, 1924. Wash- ington, D. C.: the Association. A reprint and extension of the 1924 Report of the Committee of One Hundred on the Problems of Tenure, Fred M. Hunter, chairman. Statistics on teacher turnover during 1922-23 and a number of court cases on dismissals indicated a need for tenure protection. An analysis is made of existing and proposed tenure laws and of local teacher tenure regulations. Texts of eleven state and seven local laws are given. Teacher tenure pro- visions in nine foreign countries are given to show the greater tenure given to teachers in Europe during efficiency and good behavior. A questionnaire returned from 2112 educators and ‘aymen indicated defensible causes of dismissal and provisions which should be in a good tenure law. | 193 NATIONAI NATIONAI Scott, CECII ] RESEARCH D vision. “Administrative Practices Affecting Class Teachers. Part 2: The Retention, Promo tion, and Improvement of Teachers.” Research Bulletin 10: 36-38; March, 1932. Washington, D. C.: the Association. EDUCATION ASSOCIATION, room Presents information on types of laws and regulations governing the duration of teachers’ contracts, policies governing term of employment in 1443 city school systems, general principles underlying contractual relations, and the extent to which city school systems use formal contracts EpucATION ASsOCcIATION, DEPARTMENT OF SUPERINTENDENCE. The Status of the Superinten dent. First Yearbook, 1923. Washington, D. ¢ the Association, 1923. Chapter 7, “The Office of the Superintendent of Schools,” p Tenure of 110-22 A study of tenure conditions among city school superintendents, giving data on range in tenure of office, length of terms and length of contracts Submits recommendations on bases of selection term of employment, and conditions which should govern the superintendents’ recall and release Teacher Tenure 613. New York University, 1934 College Record 3¢ WINFIELD. Indefinite Contributions to Education, No Teachers College, Columbia 165 p. (Abstract: Teachers 222-23; January, 1935.) Purpose: The cover the necessary provisions of an indefinite study was undertaken to dis teacher tenure law and the fundamental principles which should be considered in securing proteé Recom devel tion for teachers, children, and society mendations for indefinite tenure laws are oped in light of other educational laws Definition of Terms: “Indefinite tenure’ in this the in office after completing a probationary period as used study means protection of teachers “Teacher” signifies any educational employee en joying protection under indefinite tenure laws Method: Indefinite tenure twelve states with either statewide tenure legislation in the laws, or laws applying to certain districts, and the District of Columbia law are analyzed as of 1932 and review of educational legislation upon the sub ject. Criteria used were of the law—whether the application and applied to all personnel; (2 whether the assured personnel ; whether administration of facilitated; and (4) teachers are guaranteed just treatment. The operation of tenure legislation was studied by reviewing earlier research studies, comments in educational journals, and the relation of in definite tenure laws to other teacher personnel problems. These problems are the application of the law to rural teachers; salary and retirement policies; problems arising during the probationary period; and transfers and resignations, devices used to avoid dismissal of teachers subjected to an evaluation based upon a 1) comprehensiveness law was statewide in educational the whether law competent 4 (3) personnel was Court cases in Illinois and New Jersey were analyzed to illustrate major and minor problems of indefinite tenure. A more detailed study of the operation of exist- ing state indefinite teacher tenure laws is made by studying the 137 appeal cases thru 1931 which were decided by state departments of education and courts of record. Cases were studied chrono- logically and the legal interpretation given in cases relative to eligibility requirements of teach- ers, the manner of preferring charges, hearings, appeal procedures, powers of local boards, pro- bationary teachers as well as cases involving administrative problems of transfer, abolition of position, suspension, resignation, and salary re- ductions, Findings: An analysis and evaluation of the indefinite tenure laws indicated “indefinite word- ing of provisions and incompleteness of the laws.” Existing statutes rated only 60 percent of perfect, judged by the accepted criteria. The operation of indefinite tenure legislation as viewed thru studies and comments shows that “two-thirds of the principal claims made for indefinite tenure are untenable and these, along with the valid one-third, constitute either singly or together serious problems.” Operation of the laws shows that local boards frequently refuse teachers permanent status at the end of the probationary period; rural dis- tricts have shown an unwillingness to accept in- definite tenure in California and Indiana; teach- ers are disposed of by transfers and requested resignations, as illustrated by cases in Chicago, Newark, and Duluth; and other problems have arisen as the result of the relationship between indefinite tenure and salary and retirement pol- icies, difficulties due to married women teachers, restricted application, and indefinite wording. The comprehensive treatment of the appeal cases based on tenure shows “how indefinite tenure laws have been interpreted and applied by appeal authorities. Other values are that it reveals, at least by implication, good and bad features of the statutes, and presents statistical or summary facts regarding the appeal cases.” Of the 137 cases studied $5, or 62.04 percent, were decided in favor of the boards and 52, or 37.96 percent, in favor of the teacher. Comparison of tenure in the six European countries and in America reveals that: more training is required in European countri Europe, central authorities control in 4 measure the appointment of teachers; in A ica, teachers are selected and appointed by authorities; altho probationary requiremen Europe are no higher than in America, yet manent status is more difficult to attain |, of the existence of non-permanent jobs and ible probationary periods; in Europe, tra: of teachers are easier in both theory and tise than in America where local administ makes for difficulty; tenure in Europe offe teacher more prestige since the European is often a civil servant. The first prerequisite for an indefinite « law should be “intelligent, clear, wording.” The principles embodied in th: should be determined by the educational gro the state but a lawyer should frame the Provision should be made for amendment o vision. “Wise interpretation and application indefinite tenure statute and of all other ed tional laws, in short, good school adminis tion, can do more than anything else to indefinite tenure function in practise so promote the good of all concerned.” consis Tati, Lipa LEE, CHAIRMAN. Report of the ( mittee of One Hundred on Tenure Pro! Washington, D. C.: National Education A ciation, June, 1932. 18 p. (Mimeo.) A study of laws governing the duration teachers’ contracts. Based on information tained from school codes, reports, and lett: from state and city school officials. UppecraFr, HARLAN. “Report of the Committe: Tenure.” Proceedings, 1923. Vol. 61. Washing ton, D. C.: National Education Association, 1923 p. 370-75. Contending for teacher tenure is asking “essential protection, not for teachers alone, but for the schools and the school children.” Outlines procedure in eight states for teacher removal Some of the principles that should operate in the framing of tenure laws are also stated. Dit culties that had arisen in California due indefinite wording of law and because of g eral application are presented. AVAILABLE RESEARCH BULLETINS The Efforts of the States To Support Edu- eation As Related To Adequacy and \bility. Vol. XIV, No. 3, May, 1936. 64 p.. $ 5 The Preparation of Teachers’ Salary Schedules. Part II. Drafting the Sched le. Vol. XIV, No. 2, March, 1936. 52 p... The Preparation of Teachers’ Salary Sched- ules. Part I. Administrative and Fact Finding Procedures. Vol. XIV, No. 1, January, 1936. Better Reading Instruction. Vol. XIII. > 5, November, 1935, 51 The Teacher’s Economie Position. Vol. XIII, No. 4, September, 1935. 104 p Creating Social Intelligence. Vol. XIII, No. 3. May, 1935. 96 p Salaries of School Employees, 1934-35. XIII, No. 2, March, 1935, 32 The Nation’s School Building Needs. XIII, No. 1, January, 1935. 36 p Modern Social and Educational Trends. XII, No. 5, November, 1934. 48 p National Deliberative Committees in Edu- cation. Vol. XII, No. 4, September, 1934. US DE Seon pedis e sch ts $s Fe ceeVS hee ee ess Edueation for Character, Part If. Improv- ing the School Program. Vol. XII, No. 3. May, 1924, 64 p Edueation for Character, Part I. The Social and Psychological Background. Vol. X11, No. 2, March, 1934. 40 p Five Years of State School Revenue Legis- lation, 1929-1933. Vol. XII, No. 1, Janu- ary, 1934. 40 p Current Conditions in the Nation’s Schools. Vol. XI, No. 4, November, 1933. 20 p.... Constructive Economy in Edueation. Vol. XI, No. 3, September, 1933. 36 p Salaries in City School Systems. Vol. X No. 2, March, 1933. 16 p The Sehool Board Member. Vol. XI, ! January, 1933. 44 p Facts on School Costs. Vol. X, No vember, 1932. 24 p Crime Prevention Through Edueation. Vo! X, No. 4, September, 1932. 68 p..... Estimating State School Efficiency, Vol. X. No. 3, May, 1932. 5! ‘ ; Administrative Practices Affecting Class- room Teachers. Part Il. The Retention, Promotion and Improvement of Teachers Vol. X, No. 2, March, 1932. 44 p.... Administrative Practices Affecting Class- room Teachers. Part I. The Selection and Appointment of Teachers. Vol. X. No. 1, January, 19382. 32 p Teacher Demand and Supply. Vol. IX, No 5, November, 1931. 102 p The Outlook for Rural Education. Vol. IX, No. 4, September, 1931. 72 p Salaries in City School Systems, 1930-31. Vol. IX, No. 3, May, 1931. 64 p....... Current Issues in Teacher Retirement. Vo! VIII, No. 5, November, 1930. 68 p Investing in Public Edueation. Vol. VIII, No. 4, September, 1930. 56 p.. A Self-Survey Plan for State School Sys- tems. Part IT. Handbook. Vol. VIII, No. 3, May, 1930. 76 p A Self-Survey Plan for State School Sys- tems. Part I. Check-lists. Vol. VIII, No 2, March, 1930. 36 p The Questionnaire. Vol. VIII, No vary, 1930, 52 Salary Seales in City School Systems, 1928- 29. Vol. VII, No. 3, May, 1929. 68 p The Principal and Progressive Movements in Edueation. Vol. VII, No. 2, March, 1929. 60 p Can the States Afford To Educate Their Children? Vol. VII, No. 1, January, 1929 GG. 68a isc cws ea doPN aaah ee ares daa i Can the Nation Afford To Educate Its Children? Vol. VI, No. 5, November, 1928 18 All orders for publications should be accompanied by funds in payment for same-and must be so accompanied when orders for material amount to $1.00 or less. Orders not accompanied by funds in payment are subject to transportation charges. Make checks or money orders pay- able to the National Education Association, 1201 Sixteenth Street, N. W., Washington, D. C. ENURE seeks to keep the schools free from aeueen personal, or commercial domination. Tenure protects competent teachers from unjust discharge and permits them to devote themselves wholeheartedly to their profession. Tenure dis- courages school management based on fear, and encourages leadership based on confidence and understanding. Tenure provides a reasonable per- sonal and academic freedom for teachers. Tenure encourages competent public spirited teachers to stay in the schools——Donald DuShane, Chairman, Committee on Tenure of the National Education Association.