eer L ROOM LIBRARY ENt ’ F MICH. RESEARCH BULLETIN OF THE NATIONAL EDUCATION VOL. XIV - No.4 SEPTEMBER - 1936 ASSOCIATION 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 o- 1: Published five times each year in January, March, May, September, and November President, ORVILLE C. PRATT NATIONAL EDUCATION ASSOCIATION Executive Secretary, WILLARD E. GIVE! 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, Madaline K. Remmlein, and Jennette R. Tandy Executive and Editorial Offices 1201 Sixteenth Street, N. W., Washington, D. C. Copyright, i936, 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 fr OREWORD |. POSITION OF THE NATIONAL EDUCATION ASSOCIATION ON TENURI The Committee on Tenure Reasons for Tenure Principles Basic to Tenure Legislation Platform and Resolutions Il. PRESENT STATUS OF TEACHER TENURE IN 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 ForeEIGN COUNTRIES i [V. Dicest oF RESEARCH STUDIES ON TEACHER TENURI 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 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, or 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. DonaLp DuSHANE, Chairman, Committee on Tenure. I. Position of the National Education Association on Tenure he 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 sult. In 1915 the Association passed a resolu- as teachers. The aim and work of the Tenure tion expressing itself for security of ure Committee of One Hundred, appointed in 1923, was chiefly “to survey the prevailing ten- dencies in the tenure of teachers in the school ystems of the several states and legislative pro isions for teacher tenure in the same, and to make available the salient facts for all inte: ested in the problem.’ The Committee on Tenure Reports of the Committee on Tenure have been concerned with causes of dismissal, in- estigations 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 n locating material on the subject : 1920—General survey 192i—History of tenure; of a law 1922—Digest of laws in force; law discussion of prov isions California tenure 1923—Existing laws 1924—Analyses of laws; European countries; court cases 1925—Tenure in colleges and normal schools 1926—Teacher turnover; bibliography 1927—Statement of principles for framing 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 local regulations; laws in and ) Hunter, Fred M., chairman. “Report of the Tenure Committee of One Hundre 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 \ssociation, 1935. p. 221-24 Tenure for 1934—H istorical position of N.E.A. on tenure; civil service and tenure; reports on status of teachers Major teacher of committee; extent of tenure purposes tenure; campaigns; need of tenure, "he major purposes of the Tenure Comn 2 a have recently been restated in the follow Ins rms: 1. To study tenure laws and practises for the purpose of furthering the tenure movement ? ; 2. To assist state teachers associations and fe erations in their efforts to secure tenure legisla tion 3. To create of our associa among members tion and the general public, a better understand the and ing of justice, reasonableness, need of tenure Reasons for Tenure Ihe Report of the Committee on ‘Tenure teacnel 1935, gives the following reasons fo tenure: 1.,To prevent political control of schools teaching positions To permit and encourage teachers to devote to of their fear themselves the practise profession without 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 the of political, religious, personal, or other unjust prevent discharge teachers for Tea sons 6. To protect teachers in their efforts to s nd charge well-financed adequate education fi children in thei Principles Basic to Tenure Legislation lenure Committee formulated a_ tentative of which should control the framing and opera tion of tenure legislation. This list has been re In 1927 the statement twelve principles 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 d ’rocecdings Teachers security for teachers and as an aid in drafting 9. In case of proposed dismissal, t tenure legislation. These principles are: should be granted right of hearing. 10. Teachers who do not desire to conti 1. Tenure laws should be devised and admin- their positions should give reasonable no: istered in the interest of better instruction for writing of their intention. children. 11. Suitable provision should be mad 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 upon evidence of satisfactory preliminary train- The platform of the National Educatio: ing, successful experience, and _ professional growth. 5. Indefinite tenure should be provided after ing statement on tenure of service: successful experience during a _ probationary period of adequate length, usually two or three There should be legislation to protect tes years, from discharge for political, religious, persor 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 rality, 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- resolution on tenure of service adopted in | dent unfitness for teaching, persistent violation In 1935 d “7 in 1936. the A . . . 4 y . or refusal to obey laws, insubordination, neglect n » and again in 17090, the /Assoc sige ge ; of duty, or malfeasance. reafirmed ‘“‘with emphasis its stand in ful! 8. a proposed dismissal “a ® peed rs re port of tenure of position for teachers count of incompetence or neglect of duty shou ‘ ‘ 14: ‘ : ) , be preceded by a warning and specific statement means of re to the children of the in writing of defects. the best possible instruction. Platform and Resolutions sociation adopted in 1934 contained the fo ‘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 »ow in effect which control the duration of -ontracts between teachers and boards of edu- n. The various local schoolboard regula- ins on the matter are not included. Sources of information—Information was tained from the state school codes and was ubmitted to the state departments of educa- tion for revision or approval. This summary is classroom mited to provisions relating to teachers only. A number of states have enacted egislation governing the employment of other sroups of educators, such as laws permitting contracts with school superintendents or prin- cipals for more than one year. Such provisions are not within the scope of this section. The word “teacher” refers only to the regular class- room teacher. Types of legal provision governing duration if teachers’ contracts in the forty-eight states— Analysis of state legislation governing the juration 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 5. Legislation permitting contracts for more than one year. lhe thirteen states having separate tenure provisions for different areas are also of five types: 6. Permanent tenure after a_ probationary period in some districts plus either (a) the annual 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 is Table 1 and graphically in the map, Figure I. Each of the types of legislative provision will be discussed 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- ter of length of contract, thus permitting local ‘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 of 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 terms of which are contrary to the provisions of this section, shall be of no force and effect Any contract 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 Alaska has no teacher tenure law. 1931, Section 2; R. I 1935, Section 714.) * 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 majority 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 ne 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 3 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, Kentucky, Missouri, Oklahoma, Washington, West Vir- ginia Louisiana ,Maryland, Mas- sachusetts, New Jersey Delaware, Montana, Ne- vada Ohio Colorado, Indiana, Min- nesota, New York, Oregon, Wisconsin Mississippi, Nebraska, North Dakota, Texas California Illinois Pennsylvania Department of Education reports: “\W few exceptions the practise for many ye been to elect annually and limit the contract ; the school term.” * This is the typical proced in most of the twenty states, and amo practise to annual election. However, th of Rhode Island reports a departure. |; state the lack of provisions for the appointmen: of teachers for a specified length of time | been interpreted as absence of limitation duration of contract. A Rhode Island co sioner of education interpreted the law lows: “Our statutes, as they are silent, s) no restriction on school committees. Unde: law a practise of establishing tenure }h veloped steadily, to the extent that our te have little reason to believe, after a tionary period, that employment will not continuous. In most places teachers are | on the ‘permanent list’ after one, two, or th years... . There might be justification a general statement that the Rhode Island sta: ute permits tenure and that tenure has bee: established legally under permissible statute.” Clearly, therefore, the lack of legal pro. sions for duration of contract is subject wide range of interpretation. The above ey amples seem to illustrate the two extremes 2. Annual election plan—Under the annu election plan the teacher’s contract period limited to one school term or year. Seven states have adopted this plan on a statewide basis These states are Arizona, Iowa, Kentuch Missouri, Oklahoma, Washington, and Wes Virginia. While the annual election plan is provide for by statute in only seven states, it is ¢! procedure most frequently followed in pra tise. It has already been shown that the annu contract is common practise in states having no legal provisions on this point. Even in state having permanent tenure after an initial perio’ of service, teachers are employed on an annu: basis during this probationary period, whic! may extend for as long as five years. 3. Permanent appointment after a proba tionary period—Four states have uniform pro visions for the permanent appointment of teac! 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 during * Correspondence with state superintendent of education, Alabama. 5 Correspondence with commissioner of education, Rhode Island [ 172] ficient service. Louisiana, Maryland, Massa husetts,° and New Jersey make permanent employment mandatory atter probationary pe ods of various lengths. The New Jersey law provides that the sery ces of all teachers in any school district in the tate “shall be during good behavior and efh ciency’ * after a probationary period of three onsecutive calendar years or three consecutive academic years and employment at beginning of the next academic year. Such teachers can not be dismissed except for inefficiency, inca pacity, conduct unbecoming a teacher, or other ® Maryland and Massachusetts laws do not legally apply ties have provisions of the same general type as the corresponding state provisic altho strictly Lax Department this study with the states having uniform laws New Jersey. Public Laws 1909, Chapter 243 Veu School Laws and Publi 5 New Jersey Jersey Trenton t just cause. Written charges must be preferred, signed by the person making same, and filed Ww ith the secretary o1 clerk ot the board ot edu cation governing the school Ww herein the teacher is employed. It is the duty of the board to examine the charges. If the charges are found true, the teacher must be given reasonable no tice. he teacher may be represented by counse) at the hearing and witnesses for either party may be subpoenaed by the board of education.* lhe teacher, under tenure of service, also has an obligation to the board of education. In case of resignation, the teacher must give the em since these tw However, Massachusetts pectively and Bostor re ys, Maryland Baltimore and belonging in the s 1935, Chapter of Public Instruct FIGURE I TYPES OF STATE LAWS ON TEACHER r No legislation; or annual election plan Permanent tenure after probation = ary period = Continuing contract Contracts permitted for more than one year Permanent tenure after probationary period in certain districts; either no legal provisions or annuai election in others eS Contracts permitted for more than one year in some districts; either no legal provisions or annual election in others Permanent tenure compulsory after probationary period in certain dis- tricts; optional! in others Three types of provisions in differ- ent areas ontinuing all except first-class distric ploying board a sixty-day notice unless the local board approves a shorter period.° Plans for contracting with teachers in the other three states having statewide permanent employment after a probationary period are similar to the one described.'° The probationary period is: two years in Maryland (outside of Baltimore) ; three years in Massachusetts (outside of Boston) with provisions for reducing it to two years at the discretion of the board in individual cases ; and three years in Louisiana." The Louisiana law was passed in the 1936 session of the legisla- ture; previously teachers in Orleans Parish only were permanent after a three-year pro- bationary period.’ The usual causes for dismissal in these states are practically the same as those in New Jersey, and the procedure for terminating the period of service does not vary greatly. Formal charges must be made against the teacher and op- portunity provided for defense if desired. In Maryland and New Jersey the teacher may appeal from the decision of the board, under certain conditions, to some higher school au- thority, but in Louisiana and Massachusetts no provision is made for appeal except to the courts. 4. The continuing contract plan—The term “continuing contract,’’ as used in this report, describes a plan whereby teachers may hold their positions without the necessity of annual applications, elections, and contracts. Under this plan the employing board must give notice by a specified date, usually early in the spring, if it does not wish to continue the contract. A similar obligation rests upon the teacher. If neither the schoolboard nor teacher notifies the other party of intention either to dismiss or resign, the teacher is assumed to be reem- ployed for the coming year. Nevada, Mon- tana, and Delaware are the only illustrations of the continuing contract plan on a statewide basis. The Nevada enactment of 1929 reads as follows: It shall be the duty of the school boards several districts, including county high scho notify in writing the teachers in their employ before the fifteenth of May of each year conc the reemployment of such teachers for the e; year. In case the board thru its proper officia| fail so to notify its teachers, then those teach« are employed and who have been so employ the major part of the current year shall be d re-elected on the same terms as for the then ¢ school year, and the board shall issue the re, contract in such cases as though the boar elected said teachers in the usual manner; pro: that any teacher who shall have been inform his re-election by written notice from the boa who shall have been automatically re-elect accordance with the provisions of this act, in « event shall, within ten days thereafter, pres: the board in writing his or her acceptance 0} position; and provided further, that failure on th; part of the teacher to notify the board of his o acceptance as herein provided shall be regard: conclusive evidence of his non-acceptance of position.” However, schoolboards cannot lawt contract with teachers for any term of se: commencing after the time for which any nv ber of the board was elected.'* This is a « mon limitation on teachers’ contracts. ‘|| Delaware provision is similar.'® The essential difference among the =! states is that the continuing contract plan dv: not go into effect in Montana until the teac!x has completed a two-year probationary pe: A minor difference involves the last date on which notification of dismissal may be livered—in Nevada it is May 15; in Delay and Montana it is May 1.'° 5. Legislation permitting contracts for " than one year—The Ohio statute permitt: employment of teachers for more than year is the only illustration of this provision on a statewide basis. The chief difference between this plan and the continuing cont: plan described above is that the forn definitely limits the maximum term of ployment, while the continuing contract, described above, fixes no maximum limit. | example, the Ohio law provides that teach ® New Jersey. New Jersey School Laws. Trenton: Department of Public Instruction, 1931. Sections 231-32 (1) and (2), 1 1 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. 1 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 the S Department of Education. No. 274. Baton Rouge: the Department, 1934. p. 42. 18 Nevada, Session School Laws of the State of Nevada, 1929. Carson City: Department of Public Instruction, 192 tion 1, p. 17. ™ Nevada. The School Code—1927. Carson City 1 Delaware. Laws. Chapter 185. Department of Public Instruction, 1927. Section 67 (11). p. 3! 16 Montana. School Laws of the State of Montana. Helena: Department of Public Instruction, 1931. Section 1075 [174] in 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 after probationary period for certain school units and either (a) annual election, or (b) no legal statement con- cerning duration of contract for other units— Six states have the varying 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 ¢chool years in 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 any first-class 1? Ohio. School Laws. Columbus: Department of Education 8 Jbid., Section 7691, p. 355. 1” Jbid., Section 7701, p. 362. *® Colorado. School Laws of the State of Colorado. Section 171 (1-8), p. 87-88. 1 Indiana. School Laws Enacted in 1932 and 1933 2 Ibid., p. 21. *%8 Minnesota. Teachers’ * New York. Education Law. Bulletin Section 872, p. 263 % New York. Laws of New York, 1935. Chapter 257 Denver Chapter 36 Albany Tenure Act of 1927 No 929 [1 Indianapolis University of the corporation with which the contract was made. No tenure is provided for teachers employed by rural districts unless they were unde: tenure in 1933 when the law was amended to 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 by a new contract or un unless succeeded less it has been canceled according to legal The indefinite contract binds the procedure. as the school city or town teacher as well No mitted to cancel his contract during the school corporation. permanent teacher is pel term, or for a period of thirty days previous to the beginning of a school term, unless there is an to that effect the teacher and the school corporation, in which is agreement between case the teacher may cancel his contract by giving a five-day notice.*” 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 with to providing “citv’ and “rural” districts respect 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 after a period of permanent probationary 1928. Section Department of Public Instruction, 1933, Section 448 Department of Education, 1933. p. 20 State of New York, 1929. Section S¢ 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 efh- 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 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 three y, in independent districts having less than § scholastics. In common school districts are no specific legal provisions.** 8. Permanent tenure compulsory in districts and optional in others—Califor: the only state with this type of tenure | vision. In districts having 850 or more uni: of average daily attendance, permanent ten is compulsory after a probationary period three years. In districts having fewe: 850 in average daily attendance this plan optional with the employing board.®* [ff tive September 1, 1937, tenure for permanent 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 same state—lllinois has three types of tenure provisions in effect, each applying to different classes of school districts. In cities over 500,()0! population (Chicago), teachers are placed on permanent tenure after a three-year proba tionary period. In districts having from 1000) to 100,000 inhabitants, contract periods maj extend for three years after a.two-year pr 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 ® Oregon. 1935 Supplement to the 1931 Oregon School Laws and the 1933 School Law Supplement. Salem: State Depart of Public Instruction, 1935. Chapter 26. p. 22-26. *? The attorney general has held that boards of directors may contract with teachers for more than one year. * Wisconsin. Laws of Wisconsin Relating to the Common Schools. Madison: Department of Public Instruction, 1928 42.55, Subsections 18 and 19, p. 521; Section 40.19, p. 473. sect * Mississippi. School Laws of the State of Mississippi. Jackson: State Department of Education, 1928. Section 126 (| p. 61; Section 77, p. 33. ® Nebraska. School Laws, 1929-30. Lincoln: Department of Public Instruction, 1930. Section 6314, p. 64; Section 6 op. 154; Section 6647, p. 161. ™ North Dakota. General School Laws. Bismarck: State Department of Public Instruction, 1931. Section 1297 (6), p 8 Texas. General School Legislation. Austin: State Department of Public Instruction, 1930. Article 2781, p. 5. 83 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 ] in som wit the sch wh rear Philadelphia, Pittsburgh) make their own ers. ‘These six states are California, Indiana renure regulations which differ from the pro Louisiana, Maryland, Massachusetts, and New -isions effective in other districts.*® Jersey. Maryland and Massachusetts laws apply Number of Teachers Affected outside of Baltimore and Boston, respectively, ' ° ; : but since these two cities have tenure provisions [he 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 of their own which are of the same general type as the corresponding state provisions, the laws may be considered for all practical put poses statewide in nature. Of the remaining yeqh i as four states, only Louisiana and New Jersey school districts. Figures are not available J . ‘ now have a tenure law which applies t | which would show precisely the number of PI wig teachers working under each of these differ teachers. Table 3 shows the principal provisions ent types of tenure laws. Table 2 gives an TABLE 2.—NUMBER OF TEACHERS :pproximately accurate distribution, using data AFFECTED BY VARIOUS TYPES OF m the number of teachers as of 1932. An even STATE TENURE LAWS better appreciation of the great number of teachers not protected by tenure legislation Number . Type of law of may be obtained from Figure II. teachers Table 2 does not take account of tenure pro- visions voluntarily adopted by local boards To 0cjp ma of education outside of state requirements. tion of any type Teachers in states w $09 O00 plan 162.000 Detailed Analysis of Tenure Laws in Teachers entitled . bationary period 000 Six States Teachers under continuing contract laws 000 Teachers in districts which are permitted There are six states which now have, or by law to issue contracts for more that >, 000 000 which have had at some previous time, state Best eh ° . . = nclassined legislation giving permanent tenure after a Total 000 probationary period to all public school teach- *% Pennsylvania. The School Law. 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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 cf 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.Lanb: Public School Laws of Maryland. Balti- more: State Board of Education, 1927. Section 52, By-law 13, p. 23; Section 86, p. 56. Massacuusetts: 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: DuShane, Donald of the National Education Association 24:156; May, 1935. 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 pract as overloading classes, eliminating neces school subjects, and unjustifiable cuttin; salaries. It is also apparent that the adoption ot actual rather than a theoretical program the schools for the preparation of students jv: 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 him responsible for a professional administrat 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 | 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 teacly groups and to more easily present a unit: 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 pr ciples upon which the public schools of Am ica were founded, any removal or appointment of a teacher, administrator, or any other e: ployee of these schools, on the basis of or in a: manner because of political or partisan cons erations; . . .” “The Superintendent and Tenure,”’ Jo { 182 ] III. Teacher Tenure in Foreign Countries Indefinite tenure for teachers during efh- ncy and good behavior is characteristic of ALi 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 official in these countries: proper 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 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? regulation 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 [ 18 3 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- ] nical teachers are removed only for some grave misdemeanor. 4. 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 seco: schools are appointed by the board of sch 2. Teachers are first taken on trial for t\ years, and only after that do they get the fing appointment which is for an unlimited tim: 3. A teacher can be removed from his 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 th: tivities of the school. In all cases the boa of schools pronounces the sentence of rem: 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 for 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 recommendatio: 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 an) 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] err dir tor tea ney South Australia 1. The Minister of Education appoints teachers , the recommendation of the director of education 2. Teachers are appointed to a position for an in- jefinite period so long as they give satisfactory service. 3. Any teacher is liable to dismissal for wilful reach of regulations, falsification of records or returns, immoral conduct, intemperance, insubordi- nation, conduct unbecoming a teacher, or habitual eglect of duty. Victoria 1 and 2. Classified (adult) teachers are re- 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. 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 by 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. ols ot it tor Aicials 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 isbane permanent staff and those on the relieving staff. aching Of course, the relieving staff is comparatively small. ollege Teachers on the permanent staff are appointed for passes indefinite periods so long as they give satisfactory nality, service. Teachers on the relief or supply staff are at the appointed for “stop-gap” purposes only. auto 3. Any teacher on the permanent staff may be duca removed from his position or reduced in classifica- dation tion for inefficiency of work or misconduct. en 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. ichers t any ge of tions, 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 ry ice 2. Teachers in this department are appointed for a position for an indefinite period so long as they give satisfactory service. ' ap on of ights o 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 same class, or may recommend be dis importance in the to the governor in council that his services pensed with altogether.” 4. There is no difference in the regulations affect teachers and ing the appointment and tenure of supervisory or executive officials. Austria the federal medium schools (which E. For include what would be considered high schools in the United States), pointed by the federal president; the right to the directors are ap 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 teachers can be removed from their position by permanently appointed — federal 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 elementary school teachers are governed by federal legis service regulations for lation only as far as the principles are con cerned; the details are governed by state leg islation so that certain between the different states. This appointment the respective state discrepancies exist is, as a rule, made by authorities (state government, state teacher appointment board). They are appointed first as provisional and after a period of satisfactory services and the passing teachers certain of certain practical examinations, in most of the states, they then automatically acquire a permanent The visions correspond to those of federal teachers appointment. removal pro 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 the president of the Republic from a list of candidates whose names are submitted by the Lycée professors are ap professors are appointed by 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, education the control.is vested government acting for all such educat cepting agriculture, thru the Union De; of Education, and thru the Union De; of Agriculture and Forestry for agri education. (c) For education other than (a) a above the control is vested in the respec provincial governments. and in th vocational, 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 prop, public hearing, if so desired by the teach: the governing authority. 4. There is no essential difference betwee: the appointment and tenure of teachers and supervisory or executive officials in the s: in South Africa. Switzerland 1. Teachers of the public schools in Swit zerland are appointed either by the municipa 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 stricted period are known only in Bale-( 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 cantons 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 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-ordinar teachers, who are appointed for brief fixed periods. [ 186 ] ointed Bd uUiated dinar\ nxed Ordinary teachers at the state secondary are, as a rule, appointed by the cab- schools inet upon the recommendation of the central ward of education. The latter, however, ap- points certain teachers: women teachers and reachers in the so-called training subjects (for example, drawing, gymnastics, 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 usually 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 and 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 vefore 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 teachers are appointed by the 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 or 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 in certain cases is the appropriate ecclesiastical chapter. For error or negligence in duties o1 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 under certain circumstances be retired (compul 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 othe hand, the same regulations apply to administra 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. x Teachers may only be removed on charges by a regular trial. 4. All teachers enter by competitive exam Supervisory or executive officials in ] lations ination. the schools are subject to the same regu affect teachers. which ippointment and tenure of Norway 1. In the primary schools the teachers are appointed by a school council (skolestyre) which is in operation in every parish and town The successful passing of an examination at a public training college for teachers is a necessary condition for permanent appoint 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 goed 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 f{; criterion. The public schools depend entirely the government, and the appointment teachers is ruled by the Ministry of Nati, Education, thru public competitions an those Italian citizens who are entitled to +, in each degree or type of school. For the « mentary schools such competitions have a 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 positi until he reaches his sixty-fifth year of age seventieth in the universities ) . 3. A teacher may be removed from 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 _ tenure teachers and those affecting the appointment and tenure of supervisory or executive officials the latter positions being simply higher sta: of the same career. Canada Yukon Territory 1. Teachers are appointed by the comptroller of the Yukon Territory, acting on the recommendati of the superintendent of schools for the Yuk Territory. 2. The appointment is for an indefinite time is understood that in ordinary cases changes are | made during the school year. 3. In former formal contracts the following clause appears: The teacher may be dismissed wit! out notice at any time during the said period wu; any one or more of the following grounds: efficiency; 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 teache: 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 lecal schoolboard. 2. Under the school law the agreement betwee! teacher and a board of trustees may be terminated [ 188 ] e end of a school term, June 30 and December by written notice to that effect given at least days previously. The teacher’s agreement at ul thirty 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 irtment. 4. The government of the province appoints in spectors of schools who have under their super sion from 100 to 150 teachers. Local boards ap point, subject to the approval of the Minister, the executive officials in the school districts if the num- er of teachers warrants such appointment. Super intendents must be qualified and holders of the oper certificate. Province of Quebec 1. Teachers are appointed by local schoolboards f commissioners or trustees, in schools ‘vhich re ceive part of their support thru public taxation. 2. 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 year, notice in writing must be given such teacher before 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, after 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 schoi or schools under its control 2. All teachers are appointed under contracts which contain clauses relative to their resignation or dismissal. The contracts may be renewed peri to odically or they may state that the teachers are remain in office until legally terminated 3. The teachers may be dismissed at the pleasu € their boards, or their certificates may be suspended or canceled by the Minister for ineth ciency, neglect of duty, or other causes which th Minister deems sufficient +. Teachers, supervising teachers, or principals ire appointed by the local boards. Inspectors in th 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 teachers holding regularly obtained Nova Scotia licenses. No teachers in the public schools of the province are appointed by the central educatio: ofice 2. When a teacher is engaged teacher continues to be a teacher year after yea 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 i 9 contract th the case of town schools and a one-month notice in the case of country (rural and village) schools 3. A teacher may be dismissed for cause only such as incompetency, neglect of duty, and immoral conduct. 4. The officials of the department of education such as school inspectors, normal college teachers etc., are appointed by the council of public instruc tion. 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. 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- taries of 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. 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 classified as those who are officials of the p: department of education and those who are of boards of school trustees. Officials of the department of education such officials as the provincial superintend education, the provincial inspectors of scho directors of home economics and technical tion, and the minor officials and clerical staf department of education. These officials a pointed by the provincial government (call: the cabinet or the executive council) thru an in-council signed by the lieutenant-governo: province. This last step is a purely form They hold office “during the pleasure of the « and may be removed at any time without ex tion by the passing of an order-in-council rey their appointments. Except in the case of clerical appointees there have not been mor: half a dozen dismissals since the passing Public Schools Act in 1872. A permanent offi the department of education has practically p nent appointment until superannuated. The teachers in the normal schools are same position. Non-educational officials (secretaries, arch building superintendents, heating engineers, cl employees) are appointed by the schoolboards are subject to the ordinary civil law in the n of dismissal. They may be dismissed upon a t! 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 sch who exercises the functions usual in such an ofh 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 \i toria at present) have an equivalent official, te: a municipal inspector. Municipal inspectors ar« pointed by the council of public instruction u 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 Unit 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 ] matter would be referred to the board of e for investigation and report. Province of Alberta |, A teacher is appointed by the board of trustees f the school district. Such teacher must hold a valid -rtificate of qualification issued under the regula- ns of the Minister of Education. 2. A teacher may be engaged under an agree- ent which continues in force from year to year, for a definite period. 3. A teacher may be suspended or dismissed sum- marily by the board of trustees for gross miscon- juct, neglect of duty, or for refusal or neglect to bey any lawful order of the board. Appeal may ye made to the Minister of Education. A teacher's igreement may be terminated as provided by law. If termination is brought about at any time after the end of July and before the end of June in the following year, an appeal may be presented to the board of reference which either confirms o1 lisallows the action of the board of trustees. The findings are binding and conclusive upon both parties, 4. Inspectors of schools, who act in a supervisory capacity on behalf of the provincial government, are appointed ,and paid by the government, and hold office during the pleasure of the government listricts, the school In some of the larget school board appoints a superintendent, who acts in a capacity for the board. His secretary holds office supervisory is paid by the board, and he luring the pleasure of the board Hungary 1. 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 position for inefhciency, for gross negligence teacher may be removed from his or for committing acts punishable by law. 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 ofr executive offic l ils In the schools. [191 ] 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, Eart 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, Gitpert L. “The Influence of Teacher Tenure Laws on Supply and Demand.” Journal of Educational Research 28: 118-31; 175-86; Oc- tober, November, 1934. ' For list of such studies see: National Education Association, Research Division. ‘“Teacher Demand and Supply A study based on data from 247,045 elem: school teachers. This survey of supply an 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 red 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 dit dismissal. CALIFORNIA 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, administ: and tenure committees. DuSHANE, DONALD, chairman. Report of the | mittee on Civil Service for Teachers. Wast ton, D. C.: National Education Association (Mimeo.) 42 p. Excerpts: Proceedings, 1937. \ 72. p. 172-78. Also: Journal of the National |< 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 ina: Results indicate that in Indiana “the benefits tenure have outweighed the detriments.” ELSBREE, 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 « 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 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 ¢! state tenure legislation did not tend to red turnover. Hotmstept, RALEIGH W. 4 Study of the Effects the Teacher Tenure Law in New Jersey. Contri butions to Education, No. 526. New York: Teac! ers College, Columbia University, 1932. 111 ’ Rese Bulletin 9 305-408: November, 1931. Washington, D. C.: the Association. [ 192] \bstract: 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.) \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 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. No evidence was found to indicate that tenure teachers were less interested than non-tenure teachers in profes sional improvement. school 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. NATIONAL 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. ASSOCIATION, RESEARCH D) VISION. “Administrative Practices Affecting Class room Teachers. Part 2: The Retention, Promo tion, and Improvement of Teachers.” Researc/ Bulletin 10: 36-38; March, 1932. Washington D. C.: the Association NATIONAL EDUCATION Presents information on types of laws and regulations governing the duration of teachers contracts, policies governing term of employment in 1443 city underlying contractual relations school systems, general principles and the extent to which city school systems use formal contracts ATIONAL EDUCATION ASSOCIATION, DEPARTMENT O} SUPERINTENDENCE. The Status of the Superinten dent. First Yearbook, 1923. Washington, D. (¢ the Association, 1923. Chapter 7, “The Tenure of Office of the Superintendent of Schools,” p. 110 »” 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 selectior term of employment, and conditions which should govern the superintendents’ recall and release OTT, CEcCIL WINFIELD. Indefinite Teacher Tenure Contributions to Education, No. 613. New York Teachers College, Columbia University, 1934 165 p. (Abstract Teachers College Record 3¢ 222-23; January, 1935.) study was undertaken to dis Purpose: The cover the necessary provisions of an indefinite teacher tenure law and the fundamental principles which should be tion for teachers, children, and society. Recon considered in securing protec mendations for indefinite tenure laws are deve oped in light of other educational laws Definition of Terms: “Indefinite tenure’ means the protection of teachers as used in this study in office after completing a probationary period “Teacher” signifies any educational employee et joying protection under indefinite tenure laws Method: twelve states with either statewide tenure Indefinite tenure legislation in the laws or laws applying to certain districts, and the District of Columbia law are analyzed as of 1932 and subjected to an evaluation based upon review of educational legislation upon the s comprehensiveness l¢ in ject. Criteria used were (1) of the law—whether the law was statewi applied to all assured competent educational administration of the application and personnel ; whether the law personnel; (3) whether was facilitated; and (4) guaranteed just treatment. personnel whether teachers are 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 personne! 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 used to avoid dismissal of teachers devices 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 85, 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 a 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 b of the existence of non-permanent jobs and ible probationary periods; in Europe, tran of teachers are easier in both theory and tise than in America where local administ; makes for difficulty; tenure in Europe off teacher more prestige since the European is often a civil servant. The first prerequisite for an indefinite « law should be “intelligent, clear, cons 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 admini: tion, can do more than anything else to indefinite tenure function in practise so promete the good of all concerned.” Tati, Lipa LEE, CHAIRMAN. Report of the ( mittee of One Hundred on Tenure Pro! Washington, D. C.: National 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. UppecraFF, HARLAN. “Report of the Committe: Tenure.” Proceedings, 1923. Vol. 61. Education Ass Washing ton, D. C.: National Education Association, 1923 p. 370-75. Contending for teacher tenure is asking “essential protection, not for teachers alone, for the schools and the school children.” Outli: procedure in eight states for teacher remova Some of the principles that should operate in the framing of tenure laws are also stated. Di! culties that had arisen in California due indefinite wording of law and because of x eral application are presented. t 8 ] 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. 48 p ; Better Reading Instruction. Vol. XIII, No November, 1935, 51 The Teacher’s Economie Position. V XIII, No. 4, September, 1935. 104 p...... Creating Social Intelligence. Vol. X 111, No 3, May, 1935. 96 p Salaries of School Employees, 1934-35. Vol XIII, No. 2, March, 1935, 32 p The Nation’s School Building Needs. Vol. XIII, No. 1, January, 1935. 36 p Modern Social and Educational Trends. Vol. XII, No. 5, November, 1934. 48 p National Deliberative Committees in Edu- cation. Vol. XII, No. 4, September, 1934. FE Ee AG ak helew neh Wah eRe S ORS FRE SaS Edueation for Character, Part If. Improv- ing the School Program. Vol. XII, No. 3. May, 1924, 64 p Education 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, 1984. 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, No. 1, January, 1933. 44 p Facts on School Costs. Vol. X, No. 5 vember, 1932. 24 p ; Crime Prevention Through Edueation. Vo! X, No. 4, September, 1982. 6S p.. Estimating State School Efficiency, Vol. X No. 3, May, 1932. OS D 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, 1932. 32 Teacher Demand and Supply. Vol Db, November, 1931. 102 The Outlook for Rural Education. Vol. LX, 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 Publie 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. 1, Jan uary, 19380. 5 ' 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 Edueate Their Children? Vol. VII, No. 1, January, 1929 MS 6a bw S00 oo Aare es MY ea Can the Nation Afford To Edueate 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 comes 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.