With examples like New Haven (see story above), the demise of some of the more harmful seniority privileges may look unlikely. Is there any sign of seniority's erosion?

Actually there is. In Arizona this month, a new law takes effect preventing districts and charter schools from laying off teachers based on tenure or seniority. The legislation passed as part of larger state budget bill, responding to the state's severe economic downturn. Legislators realized that districts have to lay off a lot more teachers in a budget crisis than would be the case if higher salaried teachers could also be considered.

Meanwhile, in Rhode Island, the state's new Education Commissioner, Deborah Gist, last month directed superintendents to quit transferring teachers into new jobs on the basis of seniority. Instead, openings should be filled "based on a set of performance criteria and on student need." Gist is using the state's Basic Education plan, approved by the Rhode Island Board of Regents in June, to justify her actions. It requires that districts hire and train only the most highly effective staff and base teacher assignments on student need.

The Rhode Island Federation of Teachers isn't convinced that Gist is on solid legal ground and plans to put up a fight. Accusing the new policy of limiting the scope of collective bargaining (which is factually accurate as all state laws and regs do exactly that), the president of the state teachers' union Marcia Reback said that "there is nothing in state statute that gives [Gist] the right to dictate what will be in [the teachers'] contract." The opposing sides have agreed to take the conflict to a mediator.

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