My encounters with tenure, aka permanence, aka undue process for teachers.

In an article posted recently, Harvard professor and editor-in-chief of Education Next Paul Peterson asks, “Do Teachers Support the Vergara Decision?” More specifically, he discusses tenure, which is on hold in California due to Judge Rolf Treu’s ruling. The tenure statute is the part of the California education code which stipulates that teachers essentially have a job for life if they can survive their first two years on the job, which is really just 16 months of actual work. It is worth noting that what we all commonly refer to as tenure is really a word reserved for college professors. The proper term for K-12 teachers is the more honest – and odious – “permanence.” (I was once corrected by former United Teachers of Los Angeles chief A.J. Duffy when I referred to it incorrectly at a union meeting.)

Peterson alludes to an Education Next poll, the results of which were released earlier this fall, that asked public school teachers to rate their colleagues’ competence on an A to F continuum. While 69 percent gave colleagues in the local school district an A or B, 8 percent said their colleagues deserve a D and 5 percent deserve an F.

This led me to think about my own experience as a middle school teacher in Los Angeles where I toiled for 15 years before retiring in 2009. At any given time, there were about 50 teachers at my school, and most of them, I’d say, were competent-to-good with a few that were exceptional. But there were always a handful of my colleagues who shouldn’t have been allowed in a classroom. Just a few cases in point:

  • AA, an English teacher, was a mean one; she rarely smiled and was antagonistic to a fault. During lunch period on a warm late spring day, she decided she was too pale and headed out to the athletic field to catch some rays at lunch. She proceeded to lie on her stomach, take off her blouse and unstrap her bra. (Ladies, you know how unsightly those tan lines can be!) As AA’s glamor gambit was seen by kids, a few teachers and the plant manager, denial was not an option. However, she did not lose her job. Instead, she was transferred to a nearby elementary school which was run by a woman, known by many as “the principal from hell.” I have no idea what has become of AA, but I’m sure she went on to infect many more kids with her bile and bad judgment.
  • BB was a nice old gentleman and a lawyer with a J.D. Unfortunately, whatever skills he may have possessed in the courtroom did him no good in the classroom, which often resembled a British soccer riot – pure mayhem. As testing coordinator, I had occasion to visit his class several times and invariably regretted not wearing a flak jacket. To maintain order, BB resorted to showing film strips, pretty much daily. The kids didn’t learn much, but at least the janitors had less to clean up at the end of the day. The principal eventually got hip to BB’s act, and knowing she couldn’t get rid of him, pressured him to retire. (Trying to fire him would have taken years and hundreds of thousands of dollars.) Fortunately, BB took the hint and retired.
  • CC was a PE teacher who had an interesting ritual between classes. He would go to his car, parked on campus, and open his trunk where he kept a large cache of hooch. By the end of the day – every day – CC was obviously pickled. But having attained permanent status, he knew that no matter how slurred his speech may have been, getting plastered daily was an activity he could indulge in without consequence. He finally retired after 37 years and shortly thereafter had a massive stroke and died. Sadly, the union may have rewarded CC with permanent status, but the real world provides no such guarantees.
  • DD was as wacky as they come. She, too, had no control over her classes, and whenever I had any of her third period science kids in my fourth period history class, I had to spend a good 15 minutes peeling them off the walls. The entire staff knew DD was an awful teacher, but axing her was out of the question. Instead, she was sent to the “Peer Assistance Review” (PAR) program – a union created mechanism – which didn’t help a bit. She couldn’t teach; her kids didn’t learn. Her greatest strength as a teacher was at faculty meetings where her loony comments would make us all laugh… very nervously. By the way, DD just renewed her teaching credential for another five years.
  • And then there was EE. One day this eighth grade English teacher allegedly touched a female student inappropriately. There were witnesses, but the student involved would not press charges so they put EE into the district office for a while – the so-called “rubber room” or “teacher jail.” Since firing him was not a viable option, the powers-that-be decided to transfer him to another school, where he apparently fondled another student. So he was sent back to the district office, where he whittled away his paid vacation ogling porn. Busted, he was transferred to yet another school, where he got caught sharing his smut with some of his female students. He was then returned to the district office, where the last I heard, he was waiting for his next assignment, courtesy of his union lawyer.  This was almost ten years ago and I have no idea what EE is doing now or to whom he is doing it, but I do hope its behind closed doors and doesn’t involve teenage girls.

Please keep in mind that I have described just one public school out of about 10,000 in California. Stanford economist Eric Hanushek has famously said that if we could get rid of the bottom 5-7 percent of the teaching profession, we could have a world-class system like Finland. If we take Hanushek’s middle number – 6 percent (of 300,000), that means there are 18,000 teachers in the Golden State that should be looking for other means of employment. But they’re not – which means that about 450,000 young minds are getting shortchanged – and worse – year after year. (The reality is that, on average, just ten “permanent” teachers a year in California are let go.)

Right after being termed out as National Education Association president in July, Dennis Van Roekel gave an interview to Education Week and addressed the union’s insistence on maintaining an industrial-style model. He said, “Union members, however, are not going to give up their industrial union rights to enjoy the benefits of being treated like real professionals until they are treated as real professionals.”

He has it backwards. Teachers will never be considered professionals until they take charge and professionalize the field. There are 282,000 teachers in California who are doing an adequate, good or great job and it is incumbent upon them to take the lead and purge the field of the stinkers and pedophiles. Teachers have long wanted to be recognized as professionals, but they will never attain that status as long as they allow the teachers unions to protect incompetents and miscreants. 450,000 kids’ deserve better …much better.

(An abridged version of this post was printed in U-T San Diego on Jan.16th.)

Larry Sand, a former classroom teacher, is the president of the non-profit California Teachers Empowerment Network – a non-partisan, non-political group dedicated to providing teachers and the general public with reliable and balanced information about professional affiliations and positions on educational issues. The views presented here are strictly his own.

2 Responses to Permanent Disgrace

  1. Miguel Rivera says:

    Interesting examples. I noticed that you did not include a description of the administrators that granted these employees were “tenure”. Dismissal is clearly state in most CBAs. Why were these people granted permanence? That it a better question.

  2. Larry Sand says:

    Miguel, you bring up a fair point. It’s possible that admins dropped the ball. However many teachers do well at first but once permanence is granted, they don’t toe the line. An example would be CC above. I’m sure he wasn’t sousing at the beginning of his career, but once he got permanence, he didn’t have to worry about losing his job.

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