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1 1 (December 2017)

handle is hein.amenin/aeiaams0001 and id is 1 raw text is: Key Points * In 2012, NewJersey reformed teacher tenure through the Teacher Effectiveness and Accountability for the Children of New Jersey (TEACHNJ) Act. The law transferred legal jurisdiction of tenure decisions from administrative law judges to a panel of arbitrators. It also implemented an extensive and universal set of procedures, or rules, to justify a teacher's poor performance as a basis for dismissal. At the same time, the legislation kept a broader set of standards in place to evaluate teachers who were charged with unbecoming conduct. * This report analyzes specific tenure cases since the passage of TEACHNJ to understand the extent to which the rules-based and standards-based approaches were consistent with TEACHNJ's goals of improving student achievement. It also investigates the consequences of leaving ineffective teachers in the classroom. * While more poor-performing teachers were dismissed after the passage of TEACHNJ, the new rules-based approach introduced significant trade-offs that allowed ineffective teachers to remain in the classroom. In 1909, New Jersey was the first state to establish tenure protection for K-12 teachers. Once tenured, districts could not fire teachers or reduce their compensation except for two reasons: ineffective teaching' or unbecoming conduct.? To dismiss a tenured teacher, a New Jersey school district was required to provide written documentation to an administrative law judge. Based on the evidence provided, the judge would accept the district's recommendation if the claim was more likely to be true than not-otherwise known as the preponderance of evidence standard.3 However, the teacher could still appeal the ruling to the New Jersey Superior Court, resulting in tenure cases that could last for years and cost more than $1oo,ooo.4 For io years leading up to the passage of the Teacher Effectiveness and Accountability for the Children of New Jersey (TEACHNJ) Act in 2012, districts fired fewer than two tenured teachers a year for poor performance.s Advocates for tenure reform argued that the prior system was too slow and ineffective at removing bad teachers from the classroom. Defending her support of TEACHNJ, New Jersey Sen. Teresa Ruiz said, We are revamping a century-old tenure law and creating fundamental changes that will help to ensure our students have the best leaders in the classroom.6 New Jersey AMERICAN ENTERPRISE INSTITUTE

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