17.5 Licensing, Tenure, Due Process & Professional Ethics

Licensing and Certification

ETS lists licensing and tenure among the legal topics teachers must understand. Teaching licenses (also called certificates or credentials) are issued by states, not by the federal government or testing companies.

• Requirements usually include a bachelor's degree, completion of an approved preparation program or alternative route, passing scores on required tests such as Praxis, and a criminal background check with fingerprinting.
• Levels often progress from an initial, provisional, or residency license to a professional license after a period of successful teaching, mentoring, or additional coursework.
• Renewal typically requires professional development hours or continuing education credits every few years.
• Endorsements add subject areas or specializations such as ESL or special education.
• Reciprocity is limited. Agreements such as the NASDTEC Interstate Agreement can help a teacher transfer credentials, but the new state may still require its own tests, coursework, or background check.
• Discipline: state licensing boards can suspend or revoke a license for misconduct such as abuse, fraud, or serious ethical violations, usually after notice and a hearing.

Codes of Professional Ethics

• The National Education Association Code of Ethics (1975) is organized around two principles: commitment to the student and commitment to the profession.
• The Model Code of Ethics for Educators (MCEE), released by NASDTEC in 2015, sets out five principles: responsibility to the profession, responsibility for professional competence, responsibility to students, responsibility to the school community, and responsible and ethical use of technology.
• Many states also adopt their own codes of conduct, which licensing boards enforce.

Recurring ethical expectations include maintaining professional boundaries with students (communicating through transparent, school-approved channels about school matters), protecting confidential information, representing credentials honestly, and reporting suspected abuse.

Teacher Employment Contracts, Tenure, and Dismissal

The employment relationship between secondary educators and public school districts is established by contract and governed by state education law and collective bargaining agreements.

Probationary Status vs. Tenure (Continuing Contract)

• Probationary Teachers: New educators enter public school systems under probationary status (typically lasting 3 to 5 years). Probationary teachers work under annual contracts. At the conclusion of a contract year, school boards possess broad discretion to non-renew a probationary teacher's contract without stating a reason or providing an evidentiary hearing, provided the non-renewal is not grounded in unlawful discrimination (race, sex, disability, religion) or retaliation for exercising First Amendment rights. In Board of Regents v. Roth (1972), the Supreme Court held that an employee on a term contract has no property interest in renewal.
• Tenure: After successfully completing the probationary period and receiving positive supervisory evaluations, an educator achieves tenure (also known as continuing contract status). Rules vary widely: many states grant tenure after about three to five years, and some have limited or replaced tenure for newer teachers. Tenure is not a guarantee of permanent lifetime employment; rather, it is a statutory guarantee of procedural due process. Tenure protects educators from arbitrary, political, or capricious dismissal, ensuring they can teach controversial topics and challenge administrative overreach without fear of immediate retaliation.

Constitutional Due Process for Tenured Dismissal

Under the Fourteenth Amendment, a tenured teacher possesses a protected property interest in continued employment. Consequently, a tenured educator cannot be dismissed without due process. In Cleveland Board of Education v. Loudermill (1985), a case involving a school district security guard, the Supreme Court held that a public employee with a property interest must receive, before termination, oral or written notice of the charges, an explanation of the employer's evidence, and an opportunity to respond, followed by a fuller post-termination hearing. State tenure laws usually add more formal protections for teachers, such as:

1. Written notice specifying the charges.
2. A hearing before the school board or an impartial hearing officer.
3. Representation by counsel or a union advocate.
4. The right to present evidence and witnesses and to cross-examine.
5. A written decision, with an appeal to the courts.

Legitimate Grounds for Dismissal for Cause

State education statutes enumerate specific legal grounds upon which a tenured teacher may be dismissed:

• Insubordination: Willful, persistent refusal to obey reasonable, lawful, and established administrative directives or school policies (e.g., repeatedly refusing to submit required grades or refusing to attend mandatory professional development).
• Incompetence / Inefficiency: Chronic inability to maintain classroom order, adhere to state curriculum standards, or deliver effective instruction, established through documented longitudinal evaluations, improvement plans, and failed remediation efforts.
• Neglect of Duty: Persistent, unexcused absenteeism, chronic tardiness, leaving classes unattended, or failing to perform mandatory supervisory duties.
• Immorality / Conduct Unbecoming: Behavior that severely violates community ethical standards, impairs the teacher's fitness to serve as a role model, or disrupts school operations (e.g., sexual relationships with students, drug trafficking, or financial fraud).
• Reduction in Force (RIF): Layoffs resulting from declining student enrollment, school closures, or district fiscal emergencies (typically executed according to statutory seniority and certification rules).

Common Exam Traps

• Trap 3: Assuming Tenured Teachers Can Never Be Fired: Tenure does not provide absolute immunity from dismissal; it guarantees constitutional procedural due process. Tenured teachers can be—and routinely are—dismissed for cause (insubordination, incompetence, neglect of duty, or immorality) following formal notice and an evidentiary hearing.

• Assuming a license is national. Each state issues its own license; moving usually requires applying for the new state's license.

• Treating private messaging with students as harmless. Late-night personal messages on private accounts violate professional boundaries even when nothing illegal occurs.