From the ECS State Policy Database Postsecondary Faculty--Tenure

This database is made possible by your state's fiscal support of the Education Commission of the States (ECS). Most entries are legislative, although rules/regulations and executive orders that make substantive changes are included. Every effort is made to collect the latest available version of policies; in some instances, recent changes might not be reflected. For expediency purposes minimal attention has been paid to style (capitalization, punctuation) and format. Please cite use of the database as: Education Commission of the States (ECS) State Policy Database, retrieved [date]. State Status/Date Level Summary CA Vetoed 09/2012 Postsec. From bill summary: Expresses legislative intent that the California State University and the University of California develop and adopt tenure policies aimed at encouraging and rewarding service, both to the campus community and to the community outside of the campus, provided by faculty members. Requires the Trustees of the California State University, and request the regents, to take specified actions during the next review of the retention, tenure, and promotion policies at each campus, or before the end of the 2017–18 academic year, whichever occurs first, to recognize and reward service as appropriate for each discipline; to consider the extent to which specified forms of service may be recognized for purposes of appointment, promotion, retention, and tenure review; and to develop and distribute throughout their respective segments transparent criteria for tenure that include service, if criteria of that type that are academically appropriate for each discipline have not previously been adopted in that segment. Requires the trustees, and requests the regents, to consult with the academic senates of their respective segments and with student and community organizations and to act consistently with applicable collective bargaining agreements in carrying out these responsibilities. Bill text: http://www.leginfo.ca.gov/pub/11-12/bill/asm/ab_2101-2150/ab_2132_bill_20120911_enrolled.pdf Governor's veto message: http://gov.ca.gov/docs/AB_2132_Veto_Message.pdf Title: A.B. 2132 Source: www.leginfo.ca.gov TN Signed into law 05/2012 Postsec. Allows the chancellor to award back pay to a tenured faculty member, in the event that a court finds dismissal was inappropriate. http://www.capitol.tn.gov/Bills/107/Bill/SB3023.pdf Title: S.B. 3023 Source: http://www.capitol.tn.gov CO Signed into law 04/2012 Postsec. The bill authorizes each system of higher education and each campus of each state institution of higher education to employ an unlimited number of non-tenure-track classroom teachers under renewable 5-year employment contracts. The employment contract must include a provision that allows the employing system or campus to terminate the contract without penalty if the system or campus can demonstrate financial exigencies and a provision that renders the contract unenforceable if the employing system or campus ceases to be an enterprise and does not have sufficient financial reserves to satisfy the contract. http://www.leg.state.co.us/clics/clics2012a/csl.nsf/fsbillcont3/7820234AB393E07D87257981007E0D50?Open&file=1144_enr.pdf Title: H.B. 1144 Source: http://www.leg.state.co.us TX Signed into law 06/2011 Postsec. Requires that each general academic teaching institution make public on the institution's Web site the following information: (1) the student/faculty ratio; (2) the percentage of all full-time equivalent faculty members with teaching responsibility who are tenured or tenure track; (3) the percentage of semester credit hours taken by freshmen or sophomores that are taught by tenured and tenure track faculty members; (4) the number of faculty members in each of six faculty ranks (from professor to teaching assistant), with a breakdown for each rank of the numbers of faculty members by race, ethnicity and gender; (5) average faculty salaries by rank; (6) the amount of money appropriated by the legislature per full-time equivalent faculty member and full-time equivalent student; (7) the total revenue the institution spent per full-time equivalent faculty member and full-time equivalent student; (8) the amount of federal and private research expenditures per tenured or tenure track full-time equivalent faculty member; (9) the number and percentage of faculty members holding extramural research grants; (10) the number and names of awards to faculty members from nationally recognized entities, including those identified by The Center for Measuring University Performance; and (11) the number of endowed professorships or chairs. Requires that each institution update the information for the preceding fiscal or academic year by December 31 each year. Authorizes the Texas Higher Education Coordinating Board to adopt rules necessary to administer these provisions, including rules to ensure the consistency of information made available. Pages 1-3 of 21: http://www.legis.state.tx.us/tlodocs/82R/billtext/pdf/HB00736F.pdf#navpanes=0 Title: H.B. 736 - Internet Access to Faculty Information for General Academic Teaching Institutions Source: www.legis.state.tx.us AL Signed into law 05/2011 P-12 Postsec. Establishes the Students First Act of 2011. Establishes the purposes of this act. Provides definitions. Provides no action may be proposed or approved based upon the personal or political reasons of the employer, chief executive officer or governing board. Establishes processes and conditions for teachers to obtain and retain tenure, and for probationary classified employees to obtain and retain nonprobationary status. Provides that neither tenure nor nonprobationary status creates or confers any enforceable right or protected interest in or to a specific position, rank, work site or location, assignment, title, or rate of compensation within those categories of employment. Provides that neither tenured status or time in probationary service are transferable from one employer to another. Provides conditions and processes for the termination of probationary classified employees and probationary teachers. Provides conditions under which tenured teachers and nonprobationary classified employees may be terminated, and procedures for such termination. Provides for a hearing upon employee request. Provides procedures for an employee terminated following a hearing to obtain a review of an adverse decision. Provides layoffs or other personnel actions that are unavoidable reductions in the workforce beyond normal attrition due to decreased student enrollment or shortage of revenues are not subject to challenge or review under this act. Provides conditions and processes for an employee's suspension for cause with or without pay. Provides employees may be transferred or reassigned at any time as the needs of the employer require to any position for which they are qualified. Permits a chief executive officer to reassign a teacher to any grade, position, or work location within the same school, or, for two-year institutions operated under the authority and control of the department of postsecondary education, to any teaching position or work location that is under the control and jurisdiction of the institution, as the needs of the employer require. Permits tenured teachers to be transferred within an agency or system to any grade or position outside of the school to which the teacher is assigned, subject to specified terms and conditions; establishes similar conditions for nonprobationary classified employees, including employees of two-year institutions operated by the department of postsecondary education. Establishes conditions under which probationary and tenured teachers and probationary and nonprobationary classified employees may be transferred to another position with lower compensation or a shorter term of employment. Provides that the employment of a teacher whose certificate is revoked by the state superintendent of education is summarily terminated. Provides that if a conviction resulting in the revocation of the certificate is overturned, the certificate must be immediately reinstated, and the employer must either place the employee in a position for which the employee holds appropriate certification or place the employee on paid administrative leave. Prohibits a teacher from terminating his/her employment within 30 days of first day of the next school term, or for employees of two-year institutions operated by the department of postsecondary education, within 30 days of the fall semester. Provides for relief for an employee who has been denied a hearing before an employer. Permits an employer to grant an employee a one-year leave of absence for good cause without impairing the employee's tenured or nonprobationary status. Requires that leaves of absences for military service be as provided in Section 31-2-13. Provides that all laws or parts of laws that conflict with this act are repealed, specifically portions of the Teacher Tenure Law, commencing with Section 16-24-1; the Fair Dismissal Act, commencing with Section 36-26-100; and Section 16-24B-7, Code of Alabama 1975, relating to teacher transfers. Title: S.B. 310 Source: MT Passed 04/2011 Postsec. A joint resolution urging the Montana Board of Regents of Higher Education to require ongoing posttenure review for Montana University teachers and urging the Board of Regents to require university presidents or chancellors to report to the Board of Regents on the process at their institutions. Urges the Board of Regents to study the advantages and disadvantages of posttenure review. http://data.opi.mt.gov/bills/2011/billpdf/SJ0011.pdf Title: S.J.R. 11 Source: http://data.opi.mt.gov/bills CA Signed into law 09/2010 Postsec. Community College Expresses legislative intent that part-time and temporary faculty receive pay and benefits that are equal to those of specified tenured and tenure-track faculty, to the extent funding is provided, and that the California Community Colleges increase the percentage of full-time tenured and tenure-track faculty. http://www.leginfo.ca.gov/pub/09-10/bill/asm/ab_0101-0150/acr_138_bill_20100909_chaptered.pdf Title: A.C.R. 138 Source: www.leginfo.ca.gov CA Vetoed 09/2004 Postsec. Community College Requires the board of governors and the trustees, and would request the regents, to adopt policies regarding the appropriate balance of temporary and permanent/tenure-track faculty for their respective systems and to report these respective policies, and the rationales therefor, in written reports to the Legislature, to be submitted no later than January 1, 2005. Requires the board of governors and the trustees, and would request the regents, to submit an annual report to the Legislature setting forth the ratio of permanent/tenure-track faculty to temporary faculty who are employed by their respective systems and how this ratio compares to their respective systemwide policies. Require the board of governors and the trustees, and would request the regents, to submit, no later than January 1, 2006, a report to the Legislature on the activities reserved for permanent/tenure-track faculty in their respective systems. Expresses the intent of the Legislature that the board of governors, trustees, and the regents provide adequate pro rata compensation to temporary faculty who agree to perform functions usually restricted to permanent/tenure-track faculty and direct an examination of faculty promotion, tenure, and review policies and practices, and revise them, as needed, to ensure that teaching excellence is given significant weight in decisions that affect the compensation awarded to faculty. http://www.leginfo.ca.gov/pub/bill/asm/ab_0201-0250/ab_242_bill_20040827_enrolled.pdf Veto message: http://www.governor.ca.gov/govsite/pdf/vetoes/AB_242_veto.pdf Title: A.B. 242 Source: www.leginfo.ca.gov ME Signed into law 04/2003 Postsec. Extends the jurisdiction of the Maine Labor Relation Board to Employees of Public Higher Education Institutions who have been employed less than six months. http://www.mainelegislature.org/legis/bills/billdocs/LD006801.doc Title: H.P. 76 (LD 68) Source: StateNet MA Signed into law 08/2002 Postsec. Act sets the teacher career path at Quincy College. Teachers with 0-3 years of experience are non-tenured, after three years teachers achieve "instructor" status. After six years, a teacher is considered a "professor" and gains all rights and privileges accorded by the general laws of Massachusetts. Prior to six years, teachers are subject to yearly contract renewals. Title: HB 4695 Source: State website TX Signed into law 05/2001 Postsec. Relates to procedures governing employment contracts for faculty members at public institutions of higher education. An institution of higher education is not required to provide an annual contract to tenure or tenure-track faculty, but must provide tenure and tenure-track faculty with any written notification required in the institution's tenure policy of a change in a term of employment according to the policies of the institution, but no later than the 30th day prior to the change. Specifies procedures for notification and situations where faculty member works without a contract. Title: H.B. 1127 Source: Lexis-Nexis/StateNet