Search nctq.org

Or search by choosing a tag
Training and Recruitment

Teacher Prep, Licensure, Student Teaching

Staffing

Hiring and Assignment, Supply and Demand, Teacher Diversity, Work Day

Evaluation and Support

Evaluation, Professional Development, Retention and Tenure

Compensation

Pay, Benefits

Dismissal for Poor Performance: Texas

Exiting Ineffective Teachers Policy

Look at National Findings
Goal

The state should articulate that ineffective classroom performance is grounds for dismissal and ensure that the process for terminating ineffective teachers is expedient and fair to all parties.

Does not meet goal
Suggested Citation:
National Council on Teacher Quality. (2015). Dismissal for Poor Performance: Texas results. State Teacher Policy Database. [Data set].
Retrieved from: https://www.nctq.org/yearbook/state/TX-Dismissal-for-Poor-Performance-73

Analysis of Texas's policies

Texas does not explicitly make teacher ineffectiveness grounds for dismissal, nor does the state distinguish the due process rights of teachers dismissed for ineffective performance from those facing other charges commonly associated with license revocation, such as a felony and/or morality violations. The process is the same regardless of the grounds for cancellation, which the state articulates vaguely as "good cause as determined by the board of trustees." 

Tenured teachers who are terminated may appeal multiple times. After receiving written notice of dismissal, the teacher may, within 15 days, file a request for a hearing. A hearing officer is chosen within 10 days, and the hearing must be completed within 60 days after the teacher's request is received. Within 20 days of the decision, the teacher may file an appeal with the commissioner, whose decision must be filed within 30 days after the last day on which a response to the petition for review may be filed. This decision may then be appealed to the district court.

Citation

Recommendations for Texas

Specify that classroom ineffectiveness is grounds for dismissal.
Texas should explicitly make teacher ineffectiveness grounds for dismissal so that districts do not feel they lack the legal basis for terminating consistently poor performers. 

Ensure that teachers terminated for poor performance have the opportunity to appeal within a reasonable time frame.
Nonprobationary teachers who are dismissed for any grounds, including ineffectiveness, are entitled to due process. However, cases that drag on for years drain resources from school districts and create a disincentive for districts to attempt to terminate poor performers. Therefore, Texas must ensure that the opportunity to appeal occurs only once and only at the district level. It is in the best interest of both the teacher and the district that a conclusion is reached within a reasonable time frame. 

Distinguish between the process and accompanying due process rights for dismissal for classroom ineffectiveness and dismissal for morality violations, felonies or dereliction of duty.
While nonprobationary teachers should have due process for any termination, it is important to differentiate between loss of employment and issues with far-reaching consequences that could permanently affect a teacher's right to practice. Texas should ensure that appeals related to classroom effectiveness are decided only by those with educational expertise.  


State response to our analysis

Texas noted its requirement that school boards must consider a teacher’s most recent evaluations when making nonrenewal decisions if evaluations are relevant to the reasons for dismissal. The state asserted that this demonstrates that dismissal or nonrenewal can be a direct result of evaluation results.

Last word

The state's policy only requires evaluations to be reviewed; it does not link ineffective evaluations to grounds for dismissal. 

    • Best practice
    • Meets goal
    • Nearly Meets goal
    • Meets goal in part
    • Meets a small part of goal
    • Does not meet goal

  • Texas

    Texas map
Reductions in Force
Select another topic
Delivering Well Prepared Teachers
Expanding the Pool of Teachers
Identifying Effective Teachers
Retaining Effective Teachers
Exiting Ineffective Teachers
Pensions
Research rationale

States need to be explicit that teacher ineffectiveness is grounds for dismissal.
Most states have laws on their books that address teacher dismissal; however, until recently these laws were much more likely to consider criminal and moral violations than performance. While many states have amended their dismissal policy to be more explict about classroom ineffectiveness, some still retain euphemistic terms such as "incompetency," "inefficiency" or "incapacity." These terms are ambiguous at best and may be interpreted as concerning dereliction of duty rather than ineffectiveness. Without laws that clearly state that teacher ineffectiveness is grounds for dismissal, districts may feel they lack the legal basis for terminating consistently poor performers.

Due process must be efficient and expedited.
Nonprobationary teachers who are dismissed for any grounds, including ineffectiveness, are entitled to due process. However, due process rights that allow for multiple levels of appeal are not fair to teachers, districts and especially students. All parties have a right to have disputes settled quickly. Cases that drag on for years drain resources from school districts and create a disincentive for districts to attempt to terminate poor performances. Teachers are not well served by such processes either, as they are entitled to final resolution quickly.

Decisions about teachers should be made by those with educational expertise.
Multiple levels of appeal almost invariably involve courts or arbitrators who lack educational expertise. It is not in students' best interest to have the evidence of teachers' effectiveness evaluated by those who are not educators. A teacher's opportunity to appeal should occur at the district level and involve only those with educational expertise. This can be done in a manner that is fair to all parties by including retired teachers or other knowledgeable individuals who are not current district employees.

Dismissal for Poor Performance: Supporting Research
One of the greatest shortcomings of teacher performance appraisals has been school systems' unwillingness and inability to differentiate instructional competency. The New Teacher Project, 2009, "The Widget Effect: Our National Failure to Acknowledge and Act on Differences in Teacher Effectiveness" at http://widgeteffect.org.

See NCTQ, State of the States: Trends and Early Lessons on Teacher Evaluation and Effectiveness Policies (2011) as well as studies by The New Teacher Project of human resource and dismissal policies in various districts at: http://tntp.org/ideas-and-innovations.

For information on the high cost of teacher dismissals, see Steven Brill, "The Rubber Room," The New Yorker, August 31, 2009 at: http://www.newyorker.com/reporting/2009/08/31/090831fa_fact_brill.

Also, see S. Reeder, "The Hidden Costs of Tenure: Why are Failing Teachers Getting a Passing Grade?" Small Newspaper Group, 2005 at: http://thehiddencostsoftenure.com.

We use cookies

We use cookies to recognize your repeat visits and preferences, as well as to measure the effectiveness of campaigns and analyze traffic. To learn more about cookies, including how to disable them, view our Privacy and Cookie Policy. By clicking "Accept" or by continuing in the site you consent to the use of cookies unless you have disabled them.

Dismiss Accept