Tenure : New York

2011 Identifying Effective Teachers Policy

Goal

The state should require that tenure decisions are based on evidence of teacher effectiveness.

Meets in part
Suggested Citation:
National Council on Teacher Quality. (2011). Tenure : New York results. State Teacher Policy Database. [Data set].
Retrieved from: https://www.nctq.org/yearbook/state/NY-Tenure--8

Analysis of New York's policies

New York could do more to connect tenure decisions to evidence of teacher effectiveness.

New York has a three-year probationary period for new teachers. At the conclusion of this period, the state's policy regarding tenure decisions requires evaluation of the "candidate's effectiveness over the applicable probationary period in contributing to the successful academic performance of his or her students."

Now that New York has repealed its law forbidding local districts to base teacher tenure on student performance data, it appears the state is able to take a cumulative approach to making tenure decisions. 

Citation

Recommendations for New York

Ensure evidence of effectiveness is the preponderant criterion in tenure decisions.
New York should make evidence of effectiveness, rather than the number of years in the classroom, the most significant factor when determining this leap in professional standing.

Require a longer probationary period.
New York should extend its probationary period, ideally to five years. This would allow for an adequate collection of sufficient data that reflect teacher performance. 

State response to our analysis

New York asserted that it requires annual professional performance reviews (APPRs) to result in a single composite teacher or principal effectiveness score, which incorporates multiple measures of effectiveness. The results of the evaluations must be a significant factor in employment decisions, including but not limited to promotion, retention, tenure determinations, termination and supplemental compensation, as well as teacher and principal professional development.

How we graded

Tenure should be a significant and consequential milestone in a teacher's career.

The decision to give teachers tenure (or permanent status) is usually made automatically, with little thought, deliberation or consideration of actual evidence. State policy should reflect the fact that initial certification is temporary and probationary, and that tenure is intended to be a significant reward for teachers who have consistently shown effectiveness and commitment. Tenure and advanced certification are not rights implied by the conferring of an initial teaching certificate. No other profession, including higher education, offers practitioners tenure after only a few years of working in the field.

To make tenure meaningful, states should require a clear process, such as a hearing, for districts to use when considering whether a teacher advances from probationary to permanent status. Such a process would ensure that the local district reviews the teacher's performance before making a determination. This also protects the teacher's rights, as he or she knows of the process and has an opportunity to participate.

States should also ensure that evidence of effectiveness is the preponderant (but not the only) criterion for making tenure decisions. Most states confer tenure at a point that is too early for the collection of sufficient and adequate data that reflect teacher performance. Ideally, states would accumulate such data for five years. This robust data set would prevent effective teachers from being unfairly denied tenure based on too little data and ineffective teachers from being granted tenure.

Research rationale

Numerous studies illustrate how difficult and uncommon the process is of dismissing tenured teachers for poor performance. These studies underscore the need for an extended probationary period that would allow teachers to demonstrate their capability to promote student performance.

For evidence on the potential of eliminating automatic tenure, articulating a process for granting tenure, and using evidence of effectiveness as criteria for tenure see D. Goldhaber and M. Hansen, "Assuming the Potential of Using Value-Added Estimates of Teacher Job Performance for Making Tenure Decisions." Center for Reinventing Public Education. (2009).  Goldhaber and Hansen conclude that if districts ensured that the bottom performing 25 percent of all teachers up for tenure each year did not earn it, approximately 13 percent more than current levels, student achievement could be significantly improved. By routinely denying tenure to the bottom 25 percent of eligible teachers, the impact on student achievement would be equivalent to reducing class size across-the-board by 5 students a class.

For additional evidence see Robert Gordon, et al., "Identifying Effective Teachers Using Performance on the Job," Hamilton Project Discussion Paper, Brookings Institute, March 2006.