Get Answers! :: Please define tenure for teachers. Is a teacher with tenure still reviewed? How does one reprimand a tenure teacher who is not performing his or her job?

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Please define tenure for teachers. Is a teacher with tenure still reviewed? How does one reprimand a tenure teacher who is not performing his or her job?

Montana law (Mont. Code Ann. §20-4-203) defines teacher tenure as "whenever a teacher has been elected by the offer and acceptance of a contract for the fourth consecutive year of employment by a district in a position requiring teacher certification..." The full text of Mont. Code Ann. §20-4-203 is reproduced below.

Montana law (Admin. R. Mont. 10.55.701) provides that "(5) The board of trustees shall have written policies and procedures for regular and periodic evaluation of all regularly employed certified administrative, supervisory and teaching personnel. The individual evaluated shall have a written copy of the evaluation, the opportunity to respond in writing to the evaluation, and access to his/her files. ..." The full text of Admin. R. Mont. 10.55.701 is reproduced below.

As a general rule, personnel matters, including reprimanding a tenured teacher, are matters of local control. You will also find that many, if not all, negotiated agreements between teachers and school districts contain provisions that describe how teachers--tenured and nontenured--are supervised and evaluated and perhaps even how they might be reprimanded. Also, the district personnel policy likely contains procedures for job performance, discipline and grievance. I suggest that you contact your district's administration for information about your district's policy. If you are a teacher asking this question, I suggest you contact your local MEA-MFT field representative. (Check at http://www.mea-mft.org/ for more information.) If you are a district official asking this question, I suggest you contact the Montrana School Boards Association (MSBA) (http://www.mtsba.org/).

20-4-203. Teacher tenure. (1) Except as provided in 20-4-208, whenever a teacher has been elected by the offer and acceptance of a contract for the fourth consecutive year of employment by a district in a position requiring teacher certification except as a district superintendent or specialist, the teacher is considered to be reelected from year to year as a tenured teacher at the same salary and in the same or a comparable position of employment as that provided by the last-executed contract with the teacher unless the trustees resolve by majority vote of their membership to terminate the services of the teacher in accordance with the provisions of 20-4-204. (2) The tenure of a teacher with a district may not be impaired upon termination of services of the teacher if the following conditions exist: (a) the tenure teacher is terminated because the financial condition of the district requires a reduction in the number of teachers employed; and (b) continued employment rights are provided for in a collectively bargained contract of the district. (3) (a) For the purposes of subsection (1), "same salary" means the daily rate of pay, excluding benefits and excluding stipends for nonteaching duties, multiplied by the number of days worked under the last-executed contract with the teacher, up to the total number of days funded by the state in the per-ANB entitlements, as provided in 20-9-311, including pupil-instruction-related days. The calculation of daily rate of pay is determined by dividing the salary in the last-executed contract with the teacher for pupil-instruction and pupil-instruction-related days, excluding benefits and excluding stipends for nonteaching duties, by the total number of contracted days under the last-executed contract. (b) The definition of same salary may be modified if negotiated and agreed to in a collective bargaining agreement executed by the district and the teacher's exclusive representative pursuant to Title 39, chapter 31, or in an individual contract between the district and a teacher in a district in which the teachers have no exclusive representative as provided in Title 39, chapter 31. (4) Upon receiving tenure, the employment of a teacher may be terminated for good cause.

10.55.701 BOARD OF TRUSTEES (1) The board of trustees shall ensure that the school district complies with all local, state, and federal laws and regulations. (2) The board of trustees shall provide in each school building at least one copy of the accreditation standards for staff and public review. (3) Each school district shall have in writing and available to the staff and public: (a) a comprehensive philosophy of education; (b) goals that reflect the district's philosophy of education; (c) sequential curricula for each program area that aligns to the content and performance standards and the district's educational goals; (d) policies establishing student assessment procedures that ensure evaluation of the school's curricula and student learning. These procedures shall specify how and when data are to be collected, analyzed, and reported; (e) policies that delineate the responsibilities of the board, superintendent, and personnel employed by the school district. The trustees shall review these policies on a regular basis and make them available to employees and the public; (f) a policy on student, parent, and school employee due process rights; (g) an equity policy; (h) a transfer policy for determining the appropriate placement of incoming students; (i) an academic freedom policy; (j) a materials selection policy, including a challenge procedure, for all curricular and support materials; (k) a copyright policy; (l) a policy that defines the use of school facilities and resources; (m) a parent involvement policy that encourages: (i) regular, two-way and meaningful communication between home and school; (ii) promotion and support of parenting skills; (iii) that parents play an integral role in assisting student learning; (iv) that parents are welcome in the school, and that their support and assistance are sought; (v) parents as full partners in the decisions that affect children and families; and (vi) community resources be used to strengthen schools, families, and student learning; and (n) a policy that incorporates the distinct and unique cultural heritage of American Indians and that is aligned with district educational goals. (4) The board of trustees shall have valid, written contracts with all regularly employed certified administrative, supervisory, and teaching personnel. (5) The board of trustees shall have written policies and procedures for regular and periodic evaluation of all regularly employed certified administrative, supervisory, and teaching personnel. The individual evaluated shall have a written copy of the evaluation, the opportunity to respond in writing to the evaluation, and access to his/her files. Personnel files shall be confidential. (6) The board of trustees shall establish conditions that contribute to a positive school climate and morale by encouraging cooperative and harmonious relationships among the staff members, students, parents, and community. (7) To enhance a positive learning environment, the board of trustees shall: (a) establish a system to keep parents/guardians up to date on students' progress; (b) use technology and equipment to facilitate management and instruction. (8) To ensure continuous education improvement, the district shall engage in a continuous school improvement process. (History: Sec. 20-2-114, MCA; IMP, Sec. 20-2-121, MCA; NEW, 1989 MAR p. 342, Eff. 7/1/89; AMD, 2000 MAR p. 3340, Eff. 12/8/00.)

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