Tenure:  It’s a really big deal. 

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Allen Clendaniel, Sedor, Wendlandt, Evans & Filippi, LLC

Part 3 of the series Back to Basics

Tenure.  What does it mean?  Is it important?  This commentary will cover the basics of teacher tenure in Alaska. It will also explain why granting tenure to a teacher should be carefully considered.

Under Alaska Statute 14.20.150 a teacher acquires tenure when these conditions are met

  • Possesses a valid teaching certificate;
  • Is employed continuously in the same district for three years;
  • Receive an evaluation in the third year; and
  • Is offered and accepts a teaching contract for a fourth year in the district and then teaches one day in the district.

If a teacher has acquired tenure in another Alaska public school district and moves to another school district without a year break in service, that teacher acquires tenure in the district on the first instructional day of the third year of employment with the new district.

The vast majority of teachers acquire tenure on the first day of their fourth year of teaching, but there are a small number of transfer teachers who acquire tenure on the first day of their third year. Districts should be careful when teachers transfer from another Alaska school district. Unfortunately, many school districts have unintentionally granted tenure to teachers because they did not track teachers’ prior work experience.

So why does tenure matter? Tenured teachers are permanently employed under Alaska law, unless the school district can prove that there is statutory cause to dismiss or non-retain the tenured teacher. Under Alaska Statute 14.20.170 a teacher may only be dismissed for the following causes:

  • Incompetency;
  • Immorality; and/or
  • Substantial noncompliance with the school laws of the state, regulations, bylaws, and written rules of the superintendent.

Each of these statutory causes for dismissal is a very high bar. If the teacher challenges the dismissal, the school district must be able to prove by a preponderance of evidence that one of the statutory causes was met. This same standard applies to non-retention of a tenured teacher. 

Not only are the grounds for termination difficult to meet, but Alaska statutes also grant tenured teachers significant due process protections to challenge their dismissal or non-retention. Before a teacher is dismissed in the middle of the contract year, AS 14.20.180 requires that the school district give the teacher written notice of the proposed dismissal and a pre-termination hearing. Then, “[i]f, following a pre-termination hearing, an employer determines that dismissal is appropriate, the employer shall provide written notice, including a statement of cause and a complete bill of particulars, of the decision. The dismissal is effective when the notice is delivered to the teacher.” AS 14.20.180(a).

For non-retention, “[a]n employer that has decided to non-retain a tenured teacher shall provide the teacher with written notice, including a statement of cause and a complete bill of particulars.” This notice must occur by May 15th. 

After all of the pre-termination process, the tenured teacher then can challenge the dismissal or non-retention at a formal hearing. The tenured teacher can request arbitration through the American Arbitration Association or an evidentiary hearing before the School Board.  The vast majority of terminated teachers select arbitration, but a select few ask for a school board hearing. At either type of hearing, the school district must present witnesses and introduce documentary evidence to prove its case. The teacher also has the right to cross-examine district witnesses and present their own witnesses. The arbitrator or school board then decides whether there were grounds for termination or non-retention. If the arbitrator or school board determines that there were not adequate grounds for termination or non-retention, the teacher is reinstated and awarded back pay. If the school district prevails at arbitration, the decision is final. If the school district prevails before the school board, the teacher can still appeal the decision to the Superior Court for the State of Alaska. 

If that sounds like a lot of work, time, and money, it is! Terminating a tenured teacher is extremely expensive and diverts school administrators’ time and energy. Every hour spent by an administrator on a teacher termination is an hour not being spent on educational efforts. In my experience, a tenured teacher termination can be severely disruptive to a school district even when the school district ultimately prevails. 

This is why the decision to offer a contract that will grant a teacher tenure is one of the most critical decisions a school district can make.  Principals, administrators, Superintendents, and school board members should all take the tenure decision seriously. Granting tenure is essentially bestowing permanent employment on a teacher. In my humble opinion, tenure should never be granted to poor performing teachers or teachers who administrators believe could “be coached up.” Instead, tenure should be granted to educators that districts are confident will competently educate students for years to come. 

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