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Teacher Tenure
Most states protect teachers in public schools from arbitrar y dismissal through tenure statutes. Under these tenure
statutes, once a teacher has attained tenure, his or her contract renews automatically each year. School districts may dis-
miss tenured teachers only by a showing of cause, after following such procedural requirements as providing notice to the
teacher, specifying the charges against the teacher, and providing the teacher with a meaningful hearing. Most tenure
statutes require teachers to remain employed during a probationar y period for a cer tain number of years. Once this proba-
tionary period has ended, teachers in some states will earn tenure automatically. In other states, the local school board
must take some action to grant tenure to the teacher, often at the conclusion of a review of the teachers performance.
Tenure also provides some protection for teachers against demotion, salary reductions, and other discipline. However,
tenure does not guarantee that a teacher may retain a particular position, such as a coaching position, nor does it provide
indefinite employment.
Prior to attaining tenure, a probationar y teacher may be dismissed at the discretion of the school district, subject to con-
tractual and constitutional restrictions. Laws other than those governing tenure will apply to determine whether a dis-
charge of a teacher is wrongful. If a probationary teachers dismissal does not involve discrimination or does not violate
terms of the teachers contract, the school district most likely does not need to provide notice, summar y of charges, or a
hearing to the teacher.
In the absence of a state tenure statute, a teacher can still attain de facto tenure rights if the customs or circumstances of
employment demonstrate that a teacher has a "legitimate claim of entitlement for job tenure." The United States Supreme
Cour t recognized this right in the case of Perr y v. Sindermann , which also held that where a teacher has attained de facto
tenure, the teacher is entitled to due process prior to dismissal by the school district.
State laws do not govern the tenure process at private schools. However, a contract between a private school district and
a teacher may provide tenure rights, though enforcement of these rights is related to the contract rights rather than rights
granted through the state tenure statute.
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