To the editor:

The Kansas National Education Association is considering litigation regarding the elimination of statutory tenure for teachers. It is probably the least productive of the alternatives in that tenure is not a property right, but rather a term and condition of employment.

The default in employment law in Kansas is “employment at will.” Statutory permanent status is a privilege based upon the employer’s interest. If the Legislature determines that this status is no longer in the interest of the school districts in question, it is within the Legislature’s power to abolish the privilege.

There are three ways of teachers obtaining permanent status. One is by legislative action, the second by school board policy and the third by negotiation through the meet-and-confer process. As this involves terms and conditions of employment it is an issue the boards are required to discuss. In USD 497 the teacher’s vote would make board members amenable to such contract provisions.

The impetus for the legislation was probably the inability of certain administrators to remove certain teachers. In my agency experience with the state civil service, I found that when we got our people to document decisions with facts, we generally prevailed in most of our disciplinary actions. Perhaps school administrators need to become managers in this regard.