Wednesday, October 3, 2012

TEACHNJ Act - New Tenure Reform Law


            There are so many issues facing educators in today’s world. An issue not new to education but one that has received a great deal of attention lately is the issue of tenure reform. Over the past decade, teacher tenure has come under fire as one of the major problems facing education today. Before one can speak to the issues of tenure reform, we must identify the concept of tenure. What is tenure? Academic tenure refers to a policy that provides job security for teachers who have successfully completed a probationary period and may not be disciplined or fired without cause or due process. Its purpose was to provide protection for good teachers from being fired for issues related to their personal beliefs or personality conflicts with educational leaders. It provided teachers with the opportunity and freedom to pursue research and teach their students accordingly without political fall-out.  Critics indicate that tenure makes it virtually impossible to remove ineffective teachers as it can involve years of review at great expense to the school districts.
            On August 6, 2012, Governor Chris Christie signed the Teacher Effectiveness and Accountability for the Children of New Jersey (TEACHNJ) Act, a bold first step in education reform in New Jersey that links the tenure process and teacher performance. This bipartisan effort that takes effect in the 2012 – 2013 school year marks the first extensive reform of New Jersey’s tenure law in over 100 years, and is viewed as a critical step necessary to ensure the presence of highly effective teachers in every classroom.  The intent of this legislation is to “transform the existing tenure system to provide powerful tools to identify effective and ineffective teachers, strengthen the supports available to help all teachers to improve their craft, and for the first time, tie the acquisition, maintenance, and loss of tenure to a teacher’s effectiveness in the classroom” (“Governor Chris Christie”, 2012). Many are hopeful that this new law will bring about the necessary changes to improve student success. With that said, there is still a great deal of uncertainty as to how this law will be effectively implemented.
For the first time in New Jersey’s history, a connection is being made between the acquisition of tenure with teacher effectiveness rather than to the years of service in the profession.  Teacher tenure must be earned on the basis of educator performance that will now be measured by a new, and what many are calling a modernized evaluation system, a system that elicits more collaborative, constructive feedback on teacher practices. Educational leaders, using this feedback, can then provide ongoing professional development that supports student achievement.
These new evaluation systems are currently being piloted in a number of school districts and must be implemented during the 2013 – 2014 school year. “Evaluations must be based on an individual’s job description, professional standards, the use of multiple measures of student progress and multiple data sources. Only approved (by the district BOE and the NJDOE) evaluation tool’s rubrics can be used as the primary reference for evaluations” (Parent, 2012). The law also contains a provision “requiring that the rubric be partially based on multiple objective measures of student learning that use student growth from one year’s measure to the next” (Parent, 2012). The law, however does not specifically state which evaluation tool to use. That choice is left to the discretion of the school districts. Which then begs the question, will there be consistency state wide?  Student test scores should not be the principal factor in teacher evaluations. In grades and subject areas where standardized tests are not state-mandated, it is up to the district to determine the method of measuring student growth. Districts must also provide guidelines for proper training to ensure competence in the use of the evaluation tool.  
  Under the new law, tenure will be granted after four years and only awarded after receiving a rating of “effective” or “highly effective” in at least two of the next three years. It should be noted that those in the process of earning tenure prior to the signing of the new law will still earn tenure in three years. The first year will now require those new to the teaching profession to be mentored by skilled colleagues and educational leaders. This is to ensure they have the necessary skills and essential supports needed to be effective. “If a teacher receives a rating of “ineffective” or “partially ineffective” on an annual summative evaluation, a corrective action plan must be developed by the administrator and the plan must include how the school district will assist and provide help” (Parent, 2012). If the teacher experiences this type of rating on a second consecutive evaluation, the teacher will be brought up on tenure charges and removed based on poor performance. It should be noted that in such cases, the superintendent may choose to give a teacher a third year to demonstrate improvement. During that third year, the teacher would have to receive a rating of “effective” or “highly effective” to avoid facing tenure charges. Anyone brought up on tenure charges would then have the right to refute these charges at a hearing before a neutral third party.
Under the new law, all tenure charges will be heard by an arbitrator. In order to effectively expedite this process, the Commissioner of Education is now required to have a 25 member panel of nationally certified arbitrators to hear cases involving tenure. “Of the 25 arbitrators, 8 arbitrators shall be designated by the New Jersey Education Association, 3 arbitrators shall be designated by the American Federation of Teachers, 9 arbitrators shall be designated by the New Jersey Boards Association, and 5 arbitrators shall be designated by the New Jersey Principals and Supervisors Association” (Parent, 2012). All decisions made during arbitration are final and binding and may not be appealed to the Commissioner of Education. The time frame will be limited to a period of 105 days from the time charges are received and costs to be paid by the state are capped at $1250 per day and $7,500 per case.
Teacher tenure is not transferrable from one district to another. “Any employee beginning employment in a new district after the effective date of the new law must earn tenure under its requirements, even if that employee was previously tenured in another district under the requirements of the old law” (NJEA, 2012). The rights to maintain due process and seniority have been maintained in the new law.
Assemblyman Patrick J. Diegnan Jr. stated, “This is meaningful tenure reform that does what’s best for our children while balancing the protection of due process for our principals and teachers. This is real change that will ensure new teachers are properly trained and evaluated and that tenure charges are handled in a timely and professional manner. Our focus is where it should be – making sure that our students have the best teachers in the classroom” (“Governor Chris Christie”, 2012).
 “Committed, education stakeholders must work together to build innovative reforms that accelerate 21st century transformations that benefit learning and education’s key focus: the integrity of equity, value, and relevance in educational opportunities and meaningful experiences for all learners” (Petrosino, 2012).

References
Governor chris christie signs revolutionary bipartisan tenure reform into law.          (2012,August 06). Retrieved from http://www.state.nj.us/governor/news/news/552012/approved/20120806c.htm
NJEA. (2012, September). The new tenure law. Retrieved from http://www.njea.org/news-and-publications/njea-review/september-2012/the-new-tenure-law
Parent, M. (2012, July 27). The push & the pull: breaking down the teachnj act. Retrieved from http://mikeparent.blogspot.com/2012/07/breaking-down-teachnj-act.html
Petrosino, A. (2012, June 27). Dr. petrosino. Retrieved from     
Teachnjact.(n.d.). Retrieved from http://www.njleg.state.nj.us/2012/Bills/AL12/26_HTM







           

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