An increasing number of states are mandating that teacher performance be considered in employment decisions, including tenure and layoffs, according to a 50-state policy review of teacher-tenure laws by the Education Commission of the States.
Three states — Florida, Kansas, and North Carolina — have attempted to eliminate tenure or are phasing it out. Florida and Idaho fit this category in 2011, but Idaho voters have since repealed that state’s law eliminating tenure.
Sixteen states require the results of teacher performance evaluations be used in decisions about tenure or non-probationary status, versus 10 in 2011.
Seven states have laws returning tenured or non-probationary teachers to probationary status if they receive ineffective ratings. Arizona and Louisiana have joined this group since 2011, and Colorado, Idaho, Indiana, Nevada, and Tennessee already had such laws.
Eleven states require districts to consider performance in deciding which teachers to lay off when declining enrollments or economic factors necessitate reductions in force. Georgia, Louisiana, and Maine are the most recent states making performance a primary consideration. In addition, Washington added this requirement in law effective 2015-16.
Ten states explicitly prohibit the use of tenure or seniority as a primary factor in making lay-off decisions: Arizona, Florida, Georgia, Idaho, Michigan, Nevada, New Hampshire, Ohio, Utah, and Virginia. In 2012, only five states had such prohibitions in law.
Didn’t see your state’s name in any of these groups? Check out the full pdf for a chart outlining tenure policies for each state:
http://www.ecs.org/clearinghouse/01/12/44/11244.pdf
