Quick Reference Guide to

Teacher Tenure in Alaska

 (For questions about your specific situation,
consult your UniServ Director.)
 

How does a teacher acquire tenure?

A teacher acquires tenure rights in a district when the teacher

• holds a valid teaching certificate
• has worked as a teacher in the same district continuously for three full school years
• receives an evaluation by the district during the third year stating that the teacher's performance meets district performance standards
• teaches for one day in that district at the beginning of the fourth school year; or accepts an employment contract

What about a break in service?

A previously tenured teacher who loses tenure in a district because of a break in service can reacquire tenure in that same district—provided the break in service lasts no longer than a year and is not the result of a non-retention or dismissal.  To reacquire tenure, the teacher must

• hold a valid teaching certificate
• teach for one full school year after the break
• receive a favorable evaluation
• teach one day at the beginning of the second year; or accept an employment contract 

Is tenure portable from one school district to another?

Yes, but the teacher must first teach two years in the new district.  The teacher will receive tenure on the first instructional day of the third year—provided the teacher meets the other qualifications for tenure (valid teaching certificate & favorable evaluation).

How about other certificated educators such as librarians, counselors and school nurses?

These employees are eligible for tenure under the same rules as teachers.

How about a retired/rehired teacher?

A retired/rehired teacher is not eligible to acquire, maintain or reacquire tenure.

How about education support professionals?

Only teachers and other certificated employees are eligible for tenure.

What are the deadlines for notification of lay off or non-retention?

If a tenured teacher is to be laid off or non-retained, the district must notify the teacher in writing before March 16, or postmark a registered letter before that date.  For a non-tenured teacher, the notice must come, or be postmarked, on or before the last day of school.  A teacher who has not been given proper notice is entitled to be reemployed by the district for the following year.

How are teachers evaluated by their district?

Districts are required to have a certificated employee evaluation system that

• establishes professional performance standards
• requires at least two observations of a non-tenured teacher each school year
• requires at least an annual evaluation of each tenured teacher who met the district's performance standards the prior year
• permits the district to evaluate tenured teachers who have consistently exceeded district performance standards only every other year
• requires the district to prepare and implement a plan of improvement for a tenured teacher whose performance did not meet district performance standards
• provide an opportunity for students, parents, community members, teachers and administrators to provide comments to the evaluator
• requires that an evaluator hold a Class B certificate, or be a site administrator under the supervision of someone with a Class B certificate, and complete training in the use of the evaluation system
• requires annual in-serve training to certificated employees on the procedures and standards of the evaluation system and other helpful information

How does a plan of improvement work?

Districts are required to provide a plan of improvement to a tenured teacher whose performance, after evaluation, did not meet district standards.  The plan must

• contain clear, specific performance expectations
• last 90 to 180 work days
• be based on the district's professional performance standards
• include at least two observations of the teacher's work

If, at the conclusion of the plan of improvement, the tenured teacher's performance again does not meet district performance standards, the teacher may be non-retained.

What are the grounds for dismissing a teacher?

A teacher, whether tenured or non-tenured, may be dismissed at any time only for the following causes:

• incompetency—the inability or failure (intentional or unintentional) to perform the teacher's customary teaching duties in a satisfactory manner
• immorality—the commission of an act that, under state law, constitutes a crime involving moral turpitude
• substantial noncompliance with state law, department or district bylaws, or written rules of the superintendent

A teacher may be suspended temporarily with pay during an investigation to determine whether or not there is cause for dismissal.

What about reductions in force (RIFs)?

A school district may implement a layoff plan to reduce the number of tenured teachers for two reasons:

• school attendance has decreased, or
• state funding of the district has decreased by 3% or more from the previous year.

Before a district can lay off any tenured teacher, the school board must adopt a layoff plan that

• identifies academic & other programs that will be maintained
• includes procedures for layoff & recall of tenured teachers

A district can lay off a tenured teacher only after it has laid off all non-tenured teachers.  The one exception is if there is no tenured teacher who is qualified to replace the non-tenured teacher.  

What are the procedures upon notice of dismissal or non-retention?

Before a tenured teacher is dismissed, the district must give the teacher written notice of the proposed dismissal and a pretermination hearing.  This hearing must comport with due process requirements and include an explanation of the district's evidence and basis for the proposed dismissal.  The teacher must be given an opportunity to respond.

If a district decides to dismiss or non-retain a tenured teacher, the district must provide a written notice, including a statement of cause and a complete bill of particulars.  Within 15 days after receipt of the dismissal or non-retention, the teacher may request a hearing before the school board or give notice of intention to file a grievance.

Are there any protections for non-tenured teachers?

Precious few.  A non-tenured teacher can be non-retained “for any cause that the employer determines to be adequate.”  The non-retained teacher may request a written statement of the cause for non-retention.  School boards must provide a procedure under which a non-retained teacher may request and receive an informal hearing by the board. 

More information: