Saturday, March 1, 2014

What is the Teacher’s Tenure Act?

The Teachers’ Tenure Act was originally established to provide for continuing tenure for certificated teachers in Michigan.

A new teacher in a Michigan school district must now serve a probationary period of two, four or five years, depending on their status at the time the legislative reforms were passed. After satisfactory service in an appropriate position, a certificated teacher used to automatically attain tenure. However, tenure attainment is now influenced by a teacher’s performance evaluation. 

The purpose of tenure is to provide a measure of job security for teachers, protection against arbitrary employment practices and political or personal patronage, and protection for academic freedom, fostering a classroom environment conducive to learning and open inquiry.

Tenure provides statutory protection for a teacher faced with discharge, demotion, or an unpaid suspension of more than fifteen days. This protection is both procedural and substantive. The school board must follow the procedure mandated by the Tenure Act. The teacher has a right of appeal to the Tenure Commission. The school board must then prove at a Tenure Commission hearing that it is imposing the penalty, for non-arbitrary and non-capricious reasons. The school board may suspend the teacher pending the appeal process, but the teacher cannot be discharged unless and until the Tenure Commission upholds the board's decision.

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