NYC Teacher Tenure Reform Impact
NYC Teacher Tenure Reform Impact
Susanna Loeb
Stanford University
Luke C. Miller
University of Virginia
James Wyckoff
University of Virginia
October 2014
Abstract
Tenure is intended to protect teachers with demonstrated teaching skills against
arbitrary or capricious dismissal. Critics of typical tenure processes argue that tenure
assessments are superficial and rarely discern whether teachers in fact have the
requisite teaching skills. A recent reform of the tenure process in New York City
provides an unusual opportunity to learn about the role of tenure in teachers’ career
outcomes. We find the reform led to many fewer teachers receiving tenure. Those
not receiving tenure typically had their probationary periods extended to allow them
an opportunity to demonstrate teaching effectiveness. These “extended” teachers
were much more likely to leave their schools and be replaced by a teacher who was
judged to be more effective.
Thanks to Joanna Cannon, Anne-Marie Hoxie and Keely Alexander at the New York
City Department of Education for providing the data employed in this paper and for
answering questions about the NYCDOE tenure policy. We benefited from
comments by Arthur Mckee, Doug Harris and three anonymous reviewers on earlier
drafts of this paper. We appreciate financial support from the National Center for
the Analysis of Longitudinal Data in Education Research (CALDER). CALDER is
supported by IES Grant R305A060018. The views expressed in the paper are solely
those of the authors. Any errors are attributable to the authors.
“Tenure marks a new phase in a teacher’s career and a new commitment by our schools to
those who receive it. Unfortunately, over the years tenure has become an expectation more
than an honor. While we have made progress, we still are not doing enough to set a high
bar for all teachers, recognize excellent teachers, or withhold tenure from all of those who
have not earned it. And a loose tenure system isn’t good for anyone—it hurts students, it
disrespects successful teachers, and it leaves those who are not up to the difficult job to
struggle.” —New York City School’s Chancellor Klein, 2009.
Introduction
Teacher tenure has been controversial since the first tenure provisions were
enacted over a century ago. Proponents typically argue that tenure prevents teacher
politicians. Tenure could guard against dismissal of more experienced, higher paid
teachers during periods of tight budgets when school leaders may be more focused
on reducing costs while meeting class size requirements than they are on student
learning. Tenure does not require schools or districts to retain ineffective teachers
but instead provides a due process mechanism to dismiss tenured teachers for cause.
Critics, however, argue that the costs of due process do, in practice, lead districts to
retain ineffective teachers and as a result tenure not only allows poor teachers to stay
in the classroom but also reduces the incentive for teachers to be as effective as they
could be. They argue that the due process mechanisms for removing teachers with
time has come clear evidence that teachers vary substantially in their effectiveness at
2
improving student test performance1 and that these differences can have meaningful
effects on students in both the short run and the long run (Chetty, Friedman, &
Rockoff, 2014; Rivkin, Hanushek, & Kain, 2005; Rockoff, 2004). At least partially as
a result, education reforms in the US recently are focusing on improving the quality
and differentiated pay.2 Given the controversial nature of teacher tenure, it is not
surprising that interest also has increased in changing teacher tenure provisions so
that the due process is less onerous and so that school leaders have greater control
over their workforce. Yet, the evidence on which to base reform decisions is scarce.
We know little about what types of tenure provisions improve the quality of teaching
and what types do not. Similarly, we know little about how long the probationary
period prior to tenure should be, if there is tenure, in order for school systems to
accurately assess teachers’ effectiveness so that they can make well informed
Part of the reason that we have little evidence on the effects of tenure is that
until recently tenure laws have been relatively stable over time and similar, though
not the same, across states. New Jersey passed the nation’s first teacher tenure law in
1909. Over the next several decades other states adopted similar laws: New York in
1917, California in 1921, and Michigan, Pennsylvania, and Wisconsin in 1937. The
1 The research literature on teacher value-added as valid and reliable measures of teacher effectiveness
is not yet settled, as some argue that these measures may be biased (see for example, Rothstein, 2009).
2 Rockoff, Staiger, Kane, & Taylor (2012) examine how increased information can improve teacher
performance and the composition of the teaching workforce. Rothstein (forthcoming) examines how
the supply of teachers matters for improving teacher effectiveness in the context of tenure decisions.
3
state statutes use a variety of synonyms for tenure: continuing contract or service,
terminology, these laws have three main components: tenure requirements, reasons
for dismissal, and a process for appeals. The first specifies the length of the
probationary period after which teachers are eligible for tenure. Employers can
dismiss a non-tenured teacher at any time for any reason so long as the decision is
neither arbitrary or capricious nor discriminatory, but tenured teachers can only be
dismissed for the reasons provided in the law. The third component details the
Of the 48 states in which public elementary and secondary teachers are awarded
tenure, the minimum probationary period exceeds three years in 11 states (National
Council on Teacher Quality, 2012). In most states it is three years, although in a few
states, such as California, teachers typically receive tenure with fewer than three years
of experience.
Tenure laws in the US have been the focus of significant legislative action in
statehouses across the country since the beginning of the 21st Century. In 2000,
Georgia eliminated due process rights for teachers hired after 1 July 2000, but
reinstated these rights three years later. Florida eliminated teacher tenure in 2011.
That same year Idaho enacted a law that would have eliminated teacher tenure had it
not been repealed by voters the following year. Voters in South Dakota turned back
an effort to repeal a 2012 law thereby allowing a law eliminating tenure after 1 July
4
2016 to take effect. North Carolina’s governor signed a bill into law last year that
eliminates teacher tenure by 2018. Though almost all states currently grant tenure,
more than half now require meaningful evaluation during the tenure review process.
As an example, in 2009 only four states used student test performance as a criterion
for tenure; by 2012, 20 states did and 25 states require multiple categories for
teachers in their evaluation, not just satisfactory and unsatisfactory (National Council
The debates around teacher tenure have taken on a new intensity as the locus
for those debates has shifted to the courthouse. The 2014 court ruling in Vergara v.
setting California on a course to eliminate teacher tenure unless the state’s appeal is
successful. Similar cases are being brought in other states, but it remains unknown
about the role of tenure in teachers’ career outcomes including both strategic
retention on the district side and choice-based retention stemming from teachers’
reforms to the tenure process may produce many of the outcomes raised by plaintiffs
in Vergara and other court cases. Knowing more about the role of better
5
the teacher workforce could substantially enlighten the discussion over tenure. In
what follows, we start by describing the New York City reform. We then use data
from NYCDOE and the New York State Education Department (NYSED) to
with a discussion of the results. We find that the NYCDOE tenure reforms extended
the probationary periods of teachers judged to be less effective and that these
“extended” teachers were substantially more likely than other teachers to leave their
schools. Their likely replacements were typically more effective as judged by their
The criterion for tenure in New York City is that a teacher possesses
This criterion is not new. However, prior to academic year (AY) 2009-10 the tenure
process in New York City was similar to that in many other large urban districts. The
receipt of tenure had become an expectation for nearly all teachers and frequently
was based on little evidence of accomplishment. In 2007-08 and 2008-09, well into
the period of accountability reforms, 94 percent of all eligible teachers who stood for
3As is true elsewhere, a portion of probationary teachers leave NYCDOE prior to a tenure decision.
Some of these teachers are being “counseled out” and likely would not have been approved for tenure
6
Beginning in 2009-10, New York City changed the tenure review process,
including lesson plans, and the annual rating sheet that principals completed giving
decisions in 2009-10 included new student learning measures from the Teacher Data
Reports (which included teacher value-added), in-class assessments aligned with the
New York State standards, and other evidence of student progress (NYCDOE,
2009).
about whether a teacher should be denied tenure, have their probationary period
if they had completed the tenure review process. We have no way of credibly identifying the extent of
this practice or their potential tenure outcomes. However, we get a rough sense of the effect of this
attrition on tenure approval rates by comparing the value-added of teachers who exit prior to a tenure
decision to those who remain. Using the distribution of value-added of teachers with the same level of
teaching experience who persist to a tenure decision, we identify the value-added score of the teacher
at the 6th percentile (the percentile implied by a 94 percent tenure approval rate). We then calculate the
percentage of leaving teachers whose value-added score falls below that score. As might be expected
based on prior research, we find that teachers who exit during their first two years have somewhat
lower value-added than their cohort colleagues who remain (Boyd et al., 2008; Goldhaber et al., 2011),
but no more than 8 percent of leavers fall below the cutoff score, suggesting that 92 percent of the
teachers who exit prior to a tenure decision would have been granted tenure pre-reform. Given that
70 percent of teachers in our sample persist to a tenure decision, the net effect on tenure approval
rates is very small, resulting in an approval rate greater than 93 percent. This result is at best an
approximation. Value-added is a noisy measure, so our estimates should not be viewed as precise.
Principals were probably unaware of teacher value-added and thus counseling out decisions were
made employing other measures unavailable to us. However, research suggests that even in the
absence of value-added data principals identify most of the same low-performing teachers as does a
value-added metric (Jacob and Lefgren, 2008).
7
extended or be granted tenure, but starting in 2009-10 principals had to provide a
rationale for this decision if the evidence available at the district level suggested
either a strong case to approve or deny tenure and this information ran counter to
guidance for teachers for whom there was evidence that performance was
particularly strong or weak. For a teacher whose value-added results had been in the
lowest 50 percent over the past two years (with a 95 percent confidence interval),
decision had previously been extended, the principal received guidance from the
district that the teacher should be considered to have “tenure in doubt”. A principal
supporting rationale for the superintendent to consider in his or her review. The
principal received guidance of “tenure likely” for a teacher whose value-added results
had been in the highest 50 percent over the past two years (with a 95 percent
evaluate all teachers up for a tenure decision based a four-point effectiveness rating
8
district-developed Effectiveness Framework.4 As in the prior year, the evidence for
these ratings came from measures of the teacher’s impact on student learning such as
value-added measures from the Teacher Data Reports, student work products, and
tests aligned to the New York State standards. Principals also could use evidence
observations, teacher work products, and the annual rating sheet that principals
complete for each teacher.5 In addition to these sources of information, which were
available in the prior year as well, principals in 2010-11 gained information about
attendance, from colleague feedback, and from work products related to the
in 2010-11 no longer received “tenure likely” or “tenure in doubt” guidance from the
district but rather were given flags indicating a “low value add” teacher as an “Area
of Concern” and a “high value add” teacher as a “Notable Performance”. Low and
high value-added scores were defined as in the previous year. Other problematic
4 These effectiveness ratings are distinct from the ratings built into the new statewide teacher
evaluation system which was not implemented until 3 years later in 2013-14. Although they use the
same ratings scale, both the evidence synthesized and the relative weight assigned to the evidence
differs between the two.
5 These sources of evidence were employed in 2009-10 tenure decisions but they were not aggregated
9
rating on a prior Annual Review Sheet, having been previously extended, having
The tenure review process for 2011-12 was very similar to that in 2010-11,
but with two important changes. As before, teachers were evaluated on their impact
were provided guidance as to the expected (though not required) alignment between
the effectiveness ratings they determined using the Effectiveness Framework and
their tenure recommendations: Highly Effective and Effective ratings were evidence
producing teacher value-added estimates shifted from the district to the NYSED
beginning with 2010-11 and no measures were available for principals to incorporate
into their tenure recommendations. They were only told these ratings were a source
6 The Absent Teacher Reserve pool is composed of teachers who previously taught in NYCDOE but
who currently don’t have a permanent teaching assignments. These teachers continue to be paid and
can be called upon to teach if vacancies arise.
10
Screening Employees to Improve Quality
How might we expect principals and teachers to respond to the New York
City tenure policy changes? Consider a principal who aims to improve the quality of
instruction in her school in the short run. Principals are likely to have this goal for
numerous reasons, including the high rate of principal mobility in urban school
districts (Beteille, Kalogrides, and Loeb, 2012), the substantial accountability pressure
on principals, and the principal training and selection mechanisms in place in NYC.7
, ,
to maximize school quality. However, a priori it is not clear how their choice of
tenure for a given teacher will affect who teaches in the school, nor how it will affect
teachers’ investment in their work. These dynamics depend upon how teachers
respond to the decisions both about themselves and about other teachers in the
school. If teachers do not change their choices in response to tenure decisions then
the principal’s decision is straightforward – deny teachers whom they want to leave
7 See Corcoran, Schwartz and Weinstein (2009) as well as descriptions of accountability in NYC at
http://schools.nyc.gov/Accountability/tools/accountability/default.htm
11
the school and extend all other teachers. There would be no reason to recommend
tenure for any teacher since this decision limits the principal’s future actions and
However, there are reasons to believe that teachers do care about tenure. As
an example, Brunner and Imazeki (2010) find that districts with longer probationary
periods compensate teachers more, other things equal, indicating that teachers value
occupations that jobs with greater risk – greater physical risk, or greater risk of
unemployment, or less predictable salaries – have to pay more in order to attract the
same quality workers (Feinberg, 1981). These results lead us to assume that, in
deciding whether or not to stay in a job, teachers value job stability and thus care
Teachers are also likely to value being recognized for strong performance as
well as simply gaining utility from strong performance itself (Kalleberg, 1977).
Evaluation systems that differentiate among employees are likely to increase the
satisfaction of teachers who perform well and may increase their willingness to stay
in the school. For those, on the border line of a positive review, this evaluation may
also increase their interest in investing in their own improvement and the
12
consequences for the satisfaction of teachers who perform worse on the evaluations,
Finally, teachers care about the pecuniary and non-pecuniary job attributes
that informed their rationale for becoming a teacher (Flyer and Rosen, 1997). Some
of these characteristics – in particular, the climate of the school such as the attitudes
of teachers and their willingness to support other teachers in the school – may
serving as a mediator for the reform’s impact on instructional quality. For some
only on the teacher’s ability and motivation but also on prior preparation and the
approved for tenure are effective. However, like human resources management in
any profession, this is not an exact science, implying that misidentification occurs
and that some teachers not approved for tenure could have been approved if the
measures were more nuanced or their schools more conducive to their growth.
13
In shaping the quality of teaching in their schools, principals’ tenure
achievement (Ronfeldt, Loeb, & Wyckoff, 2013). Are teachers more likely to
improve or leave their school in response to being extended? Given the dramatic
reform could well influence other teacher decisions. For example, does the reform
affect whether individuals are attracted to teaching in New York or how much
retention decisions of teachers who are approved for tenure? Conceptually, tenure
reform could influence each of these directly or through changes in the school
learning environment. These decisions are potentially important but in this paper we
focus solely on the effects of tenure reform on teacher retention due to data
limitations.
Consider those teachers who would have received tenure pre-reform but are
extended post-reform. These teachers now receive negative signals about their
teaching with an increased potential of being denied tenure. Each of these increases
their likelihood of leave teaching, particularly at their current school. However, for
some teachers who are extended the appeal of teaching will be high enough to lead
them to choose to stay in teaching. For this subgroup, an increase in investment may
14
increase their probability of future recognition and receipt of tenure. This group may
increase investment as a result of reforms if they assess that this increase will likely
lead to tenure in the future. Understanding the potential effects of tenure reform on
teacher behavior, principals will be more likely to extend teachers who are not
performing well if they believe they can hire more effective teachers. Because school
principals play a central role in the process and because the teacher workforce differs
across schools, we might expect the changes to differ across schools. In keeping with
these potential effects, we address the following three research question in this
paper:
reform?
3. School Differences – How have schools varied in their tenure decisions and
Data
accurately identify teachers eligible for tenure, as well as other teachers potentially
affected by the changes. The Tenure Notification System (TNS) tracked the tenure
review process for all probationary teachers in New York City public schools
between 2007-08 and 2012-13. Each school year, the district made tenure decisions
15
for teachers whose probationary period was scheduled to conclude between
November 1st of the current school year and October 31st of the following school
year. The probationary periods for the 2009-10 cohort, for example, concluded
between November 1, 2009 and October 31, 2010. The TNS provided principals
with a list of teachers at their school eligible for tenure as well as all official guidance
concerning each teacher’s job performance prior to the current year (e.g., prior
classification, etc.). Principals enter their preliminary and final ratings and
recommendations into the TNS and district superintendents make and record final
characteristics, the value-added calculations for 2008-09 and 2009-10, the state’s
value-added calculations for 2011-12, and annual performance ratings used in the
tenure review process. We identify teachers’ pathways into the teaching profession
from state certification records and rosters for the New York City Teaching Fellows
program and Teach for America corps members in the New York City region. State
certification files provide scores on certification exams. From the College Board we
obtain teachers’ SAT scores for those teachers who attended a New York public
school from 1980 to 2008 or a New York private school from 1980 to 2001.
16
free/reduced-price lunch eligibility, AYP status, etc.) come from the annual state-
level School Report Cards database and Institutional Master Files and the federal
through 8 mathematics and English language arts (ELA) including demographic and
technical appendix that controls for individual student, classroom, and school
characteristics.8 Currently, 2010-11 is the final year for which we can calculate these
estimates.
Just over three quarters of the teachers in our post-reform sample are female,
approximately 18 percent are black, and 17 percent are Hispanic. They have average
math and verbal SAT scores of approximately 500 points each. Approximately half
Fellows Program, the largest early-entry route serving New York City. These
teachers work at schools where 44 percent of students are Hispanic students and 31
8 We employ our own value-added estimates rather than those estimated by NYCDOE primarily
because NYCDOE estimates are not available for all of the years of our analysis and because we
employ estimates that have been adjusted for measurement error through an empirical Bayes
shrinkage approach.
17
percent are black, with 67 percent eligible for subsidized lunch (see appendix Table
A1).
Recall that principals complete an Annual Rating Sheet for each teacher. Just
2.3 percent of teachers in our sample received an Unsatisfactory rating and one tenth
of one percent of teachers received a Doubtful rating, with the remaining 97.6
assigned by their principals, most teachers received either a Developing (29 percent)
or an Effective (41 percent) rating, while 17 percent received Highly Effective and
for 11 percent of teachers. Eight percent of teachers had what the district classified
as low attendance (more than 20 absences over prior two years), and 12 percent had
low value-added.
Results
Tenure Decisions
during AY 2007-08 and 2008-09, the two years prior to the introduction of the
policy. The approval rate dropped to 89 percent in the first year of the policy (2009-
18
10) and averaged 56 percent in the three subsequent years.9 Virtually all of the
teachers whose probationary periods were extended, which averaged less than 4
percent prior to the policy, but 41 percent in 2010-11 through 2012-13. The
of the new tenure review process from an average of two percent pre-policy to three
percent post-policy.
Framework are highly predictive of tenure outcomes under the new policy. Ninety-
four percent of teachers rated Highly Effective and 83 percent of those rated
Effective were approved for tenure. In contrast, less than two percent of those rated
Developing and less than one percent of those rated Ineffective were approved. The
vast majority (97 percent) of teachers rated Developing were extended, while the vast
majority (81 percent) of those rated Ineffective were denied tenure. Given that
almost all teachers were approved for tenure prior to the reform, many teachers who
9 Given the new policy, it is reasonable to wonder whether teachers voluntarily exited at higher rates
prior to a tenure decision, thus understating the potential effects of the policy. We do not know the
rationale for teacher attrition and thus cannot assess this question directly. However, because we have
value-added for teachers in tested grades and subjects prior to tenure decisions, both before and after
the tenure reform, we can explore whether the reform induced a change in attrition with respect to
value-added. As shown in appendix Table A2, of the two years for which we have post-reform value-
added data and for the first two years of a teacher’s probationary period the only significant pre-
versus-post-reform difference we see is for first-year teachers in 2010. In that case, the value-added of
probationary teachers who exit post-reform is lower than that of probationary teachers leaving pre-
reform, suggesting the pre-versus-post-reform change in the percentage of teachers approved for
tenure would have been even larger if these teachers had remained to stand for tenure.
19
would have been approved prior to the reform received a different outcome under
For teachers in tested grades and subjects, value-added estimates track tenure
decisions. Teachers denied tenure have math value-added estimates that are a full
standard deviation in teacher effectiveness lower than those approved for tenure. On
achievement less effective than the average teacher and 38 percent of a standard
deviation less effective than those who are approved. Value-added differences in
ELA are smaller but demonstrate the same pattern. Similarly, extended teachers are
far more likely to have had prior Unsatisfactory or Doubtful annual performance
ratings and to have had low attendance than are teachers approved for tenure (see
received tenure, but because most teachers who became eligible for tenure were
extended and not dismissed it is unclear a priori whether the reform meaningfully
Workforce Composition
Changes in the tenure process can affect the quality of teaching by denying
tenure to less effective teachers. As discussed, denied teachers had lower value-added
20
in both math and ELA than teachers who were extended or approved. However,
even under the new policies, few teachers are dismissed. Larger changes in the
Extended teachers may voluntarily exit from New York City schools,
creating vacancies which can be filled by more effective teachers. We find some
other New York City schools and exit teaching in New York City public schools
altogether in the year following their decision than teachers who were approved for
tenure. Ninety percent of approved teachers return to their schools, while only 75
and exits as extended teachers are more likely to leave even after controlling for
teacher and school characteristics. Table 1 shows regressions with controls for the
final principal effectiveness rating of the teachers and includes school fixed effects,
allowing us to examine the effect of being extended on teacher transfer and exit
behavior for teachers in the same schools with equivalent principal ratings. The
extended rather than approved. This represents a 50 percent increase in the probability
public schools at a rate that is 4 percentage points higher than approved teachers,
21
holding other factors constant. This represents a 66 percent increase in the probability
of exiting. These results provide suggestive evidence that the new tenure process is
we cannot rule out that other factors correlated with a teacher’s Extended status may
Among extended teachers, those who remain in the same school have
somewhat different measured attributes than those who transfer or exit the system.
scores, are less likely to stay in the same school than to exit. Extended teachers
entering through alternative routes such as the New York City Teaching Fellows
program or Teach for America are less likely to remain in the same school than
value-added estimates of extended teachers who remain in the same school are
higher than those who do not, but the sample sizes are smaller for these measures
and the differences are not statistically significant at traditional levels (see appendix
Table A4).
The voluntary attrition of these less effective teachers would benefit students
only if they are replaced by relatively more effective teachers. We explore this
question by comparing the effectiveness of teachers who were extended and left
22
schools in 2010-11 or 2011-12 with teachers hired at these schools.10 Unfortunately,
teacher effectiveness measures for teachers hired at these schools in 2011-12 and
teachers hired at these schools in 2008-09 and 2009-10.11 As might be inferred from
the previous analysis, the extended leavers will be less effective than the average of
teachers hired in their cohorts (extended teachers are less effective than those
approved and extended leavers are less effective than extended teachers who
remain). This analysis differs somewhat in that we include all hires, including within
district transfers, new hires with tenure, and those who exited prior to a tenure
decision. Also our model compares extended leavers to the attributes of new hires
solely in their school, which could make a difference as extended leavers tend to be
It is certainly conceivable that the tenure reforms might change the labor
market for new teachers, and that actual replacements might be less effective than
those hired prior to reforms as they may be concerned that they, too, might be more
10 Teachers who were hired include both those new to teaching and teachers who transferred from
other schools.
11 The vast majority of teachers with tenure decisions in 2010-11 and 2011-12 began their
probationary periods in 2008-09 or 2009-10. We therefore are comparing the extended leavers to
other teachers hired under similar circumstances to themselves. We are making the assumption that
the teachers hired in 2009 and 2010 at the schools where an extended teacher left in 2010-11 or 2011-
12 have measured effectiveness similar to those teachers hired at these schools in 2011-12 and 2012-
13. We have also created a replacement comparison group of teachers by examining teachers who
were hired at these schools from 2006-07 through 2009-10. The proxy replacements include
information on principal effectiveness ratings for all teachers who persist to a tenure decision and
value added data for all teachers who began teaching at these schools during 2009 or 2010.
23
likely to be extended. However, the reverse is also true, especially in schools with
extended teachers, where effective teachers might find the improvement in the
compare the average effectiveness of extended leavers with that of their proxy
replacements, and then average these within school differences across all such
extended leavers and their proxy replacements. For example, there are 45 percentage
points fewer teachers rated as Highly Effective or Effective among all extended
leavers than their proxy replacements (14 percentage points Highly Effective and 31
standard deviation higher among the proxy replacements than the extended leavers.12
12Employing the sample of teachers entering schools between 2006-07 and 2009-10 as the proxy
replacement comparison group, we estimate the percentage of teachers rated highly effective or
effective is 44 percentage points higher for the proxy replacements than the extended leavers.
Estimated value-added is 13 percent of a standard deviation higher in ELA and 14 percent of standard
deviation higher in math, which are both significant at the 0.06 level.
24
From a principal’s perspective, these are large effects relative to almost any
other intervention they might contemplate. For example, many principals rightly
privilege experience when hiring teachers as the value-added of a teacher with six
than a novice teacher (Atteberry, Loeb, & Wyckoff, 2013). Extending the
probationary period of teachers with insufficient skills to be approved for tenure and
thereby nudging some teachers to leave the school who are then replaced with a new
teacher has an effect on teacher effectiveness about the same as the gains of hiring a
School Differences
While implementation of the policy may have varied across schools, most
approved for tenure under the new policy. More than 70 percent of schools granted
tenure to fewer than 80 percent of their teachers following the introduction of the
eligible teachers, most schools approved far less, with another large cluster of
average, teachers approved for tenure work in schools in which the percentage of
25
white students is more than 50 percent greater than schools where teachers’
teachers are approved for tenure, black students comprise 27 percent of all students,
deviation better in ELA than the average achievement in schools where teachers are
extended.
Given the strong link between principal effectiveness ratings and tenure
decisions shown above, it is not surprising that the pattern of differences in school
attributes across principal effectiveness ratings mirror the differences across tenure
outcomes as shown in Table 3. For example, the average Highly Effective teacher
works in schools where the percentage of white students is twice as large as it is for
the average Ineffective teacher. The average Ineffective teacher is located in a school
with 65 percent more black students than their average Highly Effective colleague.
where the ELA performance of students is more than a quarter of standard deviation
lower and more than 30 percent of a standard deviation lower in math than that of
the average Highly Effective teacher. This suggests that replacing Ineffective and
developing teachers with a teacher whose performance is closer to the average would
26
disproportionately improve the quality of teaching in schools with higher percentages
of black students.
estimate a model that includes only the attributes of the students in the school, the
percentage of students who are black is the only measure that is associated with the
likelihood of being extended. This relationship may exist for a variety of reasons,
high percentages of black students, as well a lack of mentoring and leadership that
support the growth of teachers in such schools. When teacher attributes are added to
the model, they dominate the determination of whether a teacher is extended. The
estimate for the percent of black students drops substantially in magnitude such that
over 1 percent (see appendix Table A5). Thus, the likelihood of teachers being
extended is much greater in schools with larger percentages of black students, but
the differential primarily results from these schools having more teachers judged to
27
Discussion
Teacher tenure has been a hotly debated issue for decades, but there is
surprisingly little research that documents the effects of various tenure policies. This
paper examines an unusual change in the tenure policy in New York City as a step
believe this evidence has important implications for the current debate regarding
NYC reforms. While almost all eligible teachers received tenure prior to the change,
after the reforms a large share of teachers instead had their probationary periods
extended to provide more opportunity for them to demonstrate the skills necessary
for effective teaching and for district decision makers to better assess teachers’
performance. Not surprisingly, low-performing and less qualified teachers were more
low-performing students also were more likely to be extended. Our analyses provide
some evidence that this differential reflects a uneven distribution of less effective
Potamites, Santillano, Hock, & Hansen, 2013; Sass, Hannaway, Xu, Figlio, & Feng,
2012), although we cannot rule out differential application of tenure rules. Finally, we
found evidence that the new tenure policy resulted in additional voluntary attrition of
teachers who were extended, as well as additional involuntary dismissal of the small
28
share of teachers who were denied tenure. Among extended teachers, those with
SAT scores) were more likely to leave, potentially further strengthening the teacher
workforce. Extended teachers who leave their schools are less effective as measured
by principal ratings and value-added estimates than are those likely to replace them.
Because teachers with poor effectiveness ratings are more likely to be in schools with
higher percentages of black students, these schools are most affected by the policy
change and most likely to see attrition of these less effective teachers as a result of
the reforms. These schools on average were able to hire more effective teachers to
New York City’s reforms to the tenure process are still in their early stages
complicated and dependent on many factors, some of which are out of the control
of teachers. Our results suggest large effects but provide only preliminary evidence
because we have not fully ruled out the effects of other factors that may have been at
some teachers succeed and others choose to leave. In addition our findings should
be viewed as a short run response to the NYCDOE tenure reform. The long run
implications are unclear, but could potentially be less salient if: extended teachers
come to understand they will not be denied tenure, replacement teachers are not
more effective, or the overall applicant pool of new teachers is depressed as a result
29
of tenure reform. Finally, many extended teachers transfer to other NYCDOE
schools. What are the circumstances of these transfers and what is the performance
of these teachers following their transfer? With additional data a causal analysis will
be more feasible and we can address many of these questions. While the direct
effects of the tenure reforms are felt by teachers facing tenure decisions, the labeling
teachers in the same school, subject, and/or grade to reassess their positions. These
processes may encourage principals to reassign teachers across grades and subjects or
policies have been hallmarks of many recent reforms. While the tenure process has
been the subject of continual debate, reforms have been slower and less sustained in
this area. In part as a result, research on tenure policies and variety of possible
approaches to probationary periods and screening is sparse. Nearly all districts grant
Yet many districts do only cursory evaluation during the tenure process. As such,
adopting tenure reform similar to that presented here may be comparatively easy
relative to other much discussed human resource policies that require more
30
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32
100%
80%
60%
40%
20%
0%
2007-08 2008-09 2009-10 2010-11 2011-12 2012-13
Approve Deny Extend
33
250
200 150
Frequency
100 50
0
0 .2 .4 .6 .8 1
Proportion Approved
FIGURE 2. Distribution of School Proportion of Tenure Cases Approved 2009-10 through 2012-13
Note. Includes only schools with at least four tenure decisions over the period (81 percent
of all schools).
34
Table 1
Determinants of Teacher Disposition in Year Following Tenure Decision, 2010-11 and 2011-12
(1) (2) (3) (4) (5) (6)
Variables Transfer Transfer Transfer Exit Exit Exit
Extend 0.145** 0.124** 0.087** 0.057** 0.055** 0.040**
(15.21) (13.04) (6.06) (9.38) (9.07) (4.32)
Student Attributes
Mean Math score -0.024 0.016
(-0.68) (0.68)
Mean ELA score -0.024 -0.019
(-0.64) (-0.82)
Black (%) 0.113* 0.042*
(4.24) (2.46)
Hispanic (%) 0.066~ 0.075**
(2.35) (4.21)
Free lunch (%) -0.099** -0.085**
(-3.12) (-4.23)
Reduced lunch (%) -0.307* -0.187*
(-2.33) (-2.23)
Principal Effectiveness Ratings
Ineffective 0.285* 0.110*
(4.24) (2.54)
Developing 0.071** 0.026*
(3.58) (2.02)
Effective 0.030* 0.007
(2.13) (0.74)
Missing 0.045* 0.013
(2.45) (1.11)
Constant 0.142** 0.135** 0.111** 0.064** 0.037** 0.031**
(4.88) (24.56) (9.60) (3.48) (10.52) (4.22)
School Fixed Effect X X X X
35
Table 2
Mean School Difference in Teacher Effectiveness Measures between Proxy Replacement and Extended
Leavers in Schools with Extended Leavers, 2010-11 and 2011-12
Principal Final Effectiveness Rating (%) Value-Added
Highly
Extended Leaver Status Effective Developing Ineffective ELA Math
Effective
All Extended leavers 14.34*** 30.7*** -36.45*** 1.37* 0.197** 0.119
Extended transfers 11.97*** 30.16*** -34.53*** 1.14 0.127 0.181*
Extended exiters 16.15*** 27.55*** -33.24*** 1.72 0.298* 0.037
Note. Proxy replacement teachers are all teachers hired at the school in 2009 and 2010. Only schools with an
extended leaving teacher in 2011 or 2012 included in all comparisons. Positive values indicate on average within
schools average value for replacement pool exceeds that for the Extended leavers. Comparing extended leavers to
proxy replacements: *** p<0.001, ** p<0.01, * p<0.05.
36
Table 3
Attributes of the Students in Teacher’s School by Tenure Decision and Principal Effectiveness Rating,
2010-11 and 2011-12
Home
Free Reduced Math ELA
White Hispanic Black Lang
Lunch Lunch Achieve Achieve
(%) (%) (%) Eng
(%) (%) (z-score) (z-score)
(%)
Tenure Decision a
Approve 13.8 44.4 27.4 56.6 72.3 4.4 0.081 0.086
Extend 8.9 44.6 35.1 60.3 77.3 4.1 -0.066 -0.042
Deny 7.1 43.5 39.6 63.3 77.8 4.2 -0.152 -0.093
Principal Effectiveness Rating b
Highly Effective 16.4 42.8 24.1 56.5 69.2 4.8 0.184 0.181
Effective 12.1 45.3 29.9 57.2 74.6 4.2 0.007 0.019
Developing 8.4 45.0 35.3 60.8 78.1 4.1 -0.068 -0.046
Ineffective 7.2 42.4 39.9 62.7 77.7 4.6 -0.161 -0.102
No rating 12.3 42.7 31.0 57.4 71.3 4.1 0.055 0.073
Total 11.7 44.5 30.8 58.3 74.4 4.2 0.015 0.029
Note. a Extended teachers work in schools with different student attributes than approved teachers (p-value less
than 0.01 for all attributes except the percentage of Hispanic students). Teachers denied tenure work in
schools with different attributes than teachers who are extended with respect to the percentage of students
who are black, the percentage whose home language is not English and mean student math scores (p-value less
than 0.05). Differences in other student attributes are not significantly different from zero. b Teachers rated
ineffective work in schools with different student attributes than teachers rated effective or Highly Effective
(p-value less than 0.01 for all attributes except the percentage of Hispanic students and the percentage eligible
for reduced-price lunch). Teachers rated developing work in schools with different student attributes than
teachers rated effective or Highly Effective (p-value less than 0.01 for all attributes except the percentage of
Hispanic students).
37
Technical Appendix
(1)
where
Employing these estimates, we calculate the residuals from this regression without
accounting for and then estimate equation 2 which regresses this residual on class and
school characteristics as well as a class random effect to reflect the grouping of
students into classrooms.
(2)
Employing these estimates, we calculate the residuals from this model and calculate
teacher-by-year value-added by averaging across the student-level residuals within a teacher
and year.
̂ (3)
The standard errors of the teacher-by-year value-added estimates are estimated as shown in
equation 4 using the student-level errors ̂ from equation 3 and number
of observations for each teacher-by-year group.
38
̂ (4)
We then employ a standard Empirical Bayes shrinkage method to account for the varying
uncertainty associated with each teacher-by-year value-added estimate.
39
Table A1
Descriptive Statistics for the Analytic Sample, 2009-10 to 2012-13
Variable Obs. Mean Std. Dev.
Tenure Outcome (%)
Approve 19,372 66.6 47.2
Extend 19,372 30.3 46.0
Deny 19,372 3.1 17.2
Teacher Attributes (% unless otherwise noted)
Female 19,335 75.7
Black 17,113 18.5
Hispanic 17,113 16.6
SAT math 9,104 498 102.0
SAT verbal 9,104 501 98.0
Preparation Path (%)
College recommended 19,237 51.8
Teaching Fellow 19,237 21.9
TFA 19,237 2.9
Individual evaluation 19,237 8.5
Temporary license 19,237 5.1
Student Attributes (aggregated to school)
Hispanic (%) 15,124 43.8 25.1
Black (%) 15,124 31.0 26.3
Free lunch (%) 14,057 63.4 27.5
Reduced lunch (%) 14,057 3.9 4.1
Mean ELA score (z-score) 11,010 4.9 44.7
Mean Math score (z-score) 11,022 3.0 49.8
Teacher Performance Measures (%)
U rated 19,372 2.33
D rated 19,372 0.14
Principal Final Effectiveness Ratings
Ineffective 13,080 2.3 15.0
Developing 13,080 29.2 45.5
Effective 13,080 42.6 49.4
Highly Effective 13,080 15.3 36.0
No Rating 13,080 10.6 30.8
Low attendance 13,080 8.0 27.0
VAM ELA 1,498 0.00 1.1
VAM Math 1,538 0.08 1.2
NYC VAM low 2,410 9.3
NYC VAM high 2,408 8.0
40
Table A2
Average Teacher Value-Added Scores for Teachers who Remain for Tenure Decision and Those
who Leave Prior to the Tenure Decision by Subject, Year of Experience, and Tenure Cohort
2008-2009 2010 2011
Receive tenure Leave prior to Receive tenure Leave prior to Receive tenure Leave prior to
decision tenure decision decision tenure decision decision tenure decision
First year of probationary period
Math -0.241 -0.316 -0.246 -0.512* -0.223 -0.419
ELA -0.191 -0.228 -0.197 -0.443** -0.175 -0.182
Second year of probationary period
Math 0.045 0.001 0.091 -0.046 -0.004 -0.142
ELA -0.062 -0.050 0.021 -0.049 -0.003 0.028
Note. * p < .05, ** p < .01 compared 2008-09 pooled cohort
41
Table A3
Attributes of Teachers by Tenure Outcomes, 2010-11 through 2012-13a
Tenure Value Added U Rated D Rated Low Attd SAT LAST Preparation Route (%)b
Decision ELA Math (%) (%) (%) Math Verb Exam Coll Rec NYCTF TFA Ind Eval
Approve 0.081 0.248 5.7 22.2 37.1 505 505 257 59.9 49.5 60.2 55.0
Extend -0.138 -0.129 52.1 66.7 56.2 490 494 254 37.8 47.2 38.9 40.7
Deny -0.115 -0.740 42.2 11.1 6.7 469 490 248 2.4 3.2 0.1 4.3
Total -0.009 0.070 100.0 100.0 100.0 498 500 255 100.0 100.0 100.0 100.0
Note. a Means of teachers approved exceed those of teachers extended at a p-value of 0.05 or lower for all attributes. The means of teachers
extended exceed those of teachers denied at a p-value of 0.05 or lower for all variables except ELA value-added and verbal SAT. b The tenure
approval rate is lower for teachers prepared through the NYCTF and IE preparation routes than those from CR programs at p-values of .01 or
lower. There is no statistical difference between CR and TFA.
Table A4
Attributes of 2011 and 2012 Extended Teachers by Disposition in the Following Year
Value Added U-Rated D-Rated Low Attd SAT LAST Preparation Route (%)
Attrition
Status ELA Math (%) (%) (%) Math Verb Exam Coll Rec NYCTF TFA Ind Eval
Same School -0.091~ -0.090 4.0~ 0.2** 10.7 491 495 253** 77.5 70.9** 53.3** 78.8*
Transfer -0.355 -0.421 2.7 0.2 11.2 482 486 253 16.3 15.6 9.0 17.7
Exit -0.332 -0.145 2.9 0.0 9.1 530 539 267 6.2 13.6 37.7 3.5
Note. ** p<0.01, * p<0.05, ~ p<0.10. For Value-Added, U Rated, D Rated, Low Attendance, SAT and LAST Exam, significance levels
denote significant differences between the values of these variables for Extended teachers who remain in same school and those who
either transfer or exit. For Preparation Routes, significance levels denote differences between designated route and College
Recommended.
42
Table A5
Determinants of Whether Teacher is Extended Relative to being
Approved, 2010-11 and 2011-12
(1) (2)
Extended Extended
(=1) (=1)
Student Attributes
Mean Math score -0.096 -0.073~
(-1.41) (-1.77)
Mean ELA score -0.010 0.021
(-0.14) (0.49)
Black (%) 0.211** 0.048~
(-4.41) (1.80)
Hispanic (%) 0.032 -0.008
(-0.62) (-0.27)
Free lunch (%) 0.012 -0.041
(-0.20) (-1.13)
Reduced lunch (%) -0.066 -0.043
(-0.26) (-0.28)
Teacher Attributes
Low Attendance 0.066**
(3.84)
Unsatisfactory Rated 0.101**
(2.85)
Doubtful Rated -0.125
(-0.75)
Principal Final Rating
Ineffective 0.867**
(25.61)
Developing 0.906**
(95.62)
Effective 0.100**
(8.72)
No rating 0.334**
(12.95)
Constant 0.340** 0.081*
(-6.12) (2.45)
Observations 6,351 6,351
R-squared 0.033 0.613
Note. T-statistics in parentheses. ** p<0.01, * p<0.05, ~ p<0.1
43