In a significant move, Governor Sarah Huckabee Sanders signed Bill 294, or the LEARNS Act, on March 8, 2023. Amongst several other implications, Bill 294 effectively repealed the Teacher Fair Dismissal Act. This decision marks a pivotal moment in the state’s education policy, stirring debates about teacher rights, educational standards, and the balance of power between educators and administrators.
Enacted in 1983, the Teacher Fair Dismissal Act, or the TFDA,was designed to protect teachers from arbitrary dismissal by establishing a series of written warnings and the right to a hearing in front of the school board.
ccording to Jennifer Flinn, the staff attorney for the Arkansas Department of Education, the TFDA established clear reasons for the termination of a teacher during the year. Flinn in her Overview of the Teacher Fair Dismissal Act (2014) defines the grounds of termination as “(1) a reduction in force; (2) incompetent performance; (3) conduct that materially interferes with the continued performance of his/her duties; (4) repeated or material neglect of duty; or (5) other just and reasonable cause.”
Under the TFDA, a superintendent or other school administrator was obligated by the Teacher Fair Dismissal Act to notify the teacher in writing of any problems or challenges they considered could result in the instructor’s termination or nonrenewal. To meet the district’s requirements, the administration also had to provide documentation of the actions they took to help the teacher improve.
From there, teachers were entitled to submit a request for a hearing in front of the school board within thirty days following the written warning. If this request for termination was submitted during the year, the teacher could be placed under paid leave, if the administration saw it fit.
From there, the school board would vote after the presentation of each case. However, if the educator wanted to combat the decision of the board, they could do so in a civil court. Overall, the process was incredibly bureaucratic and aimed to safeguard educators from unjust dismissals while upholding high standards of professionalism.
Under the LEARNS Act, authority figures such as the District Attorney Kendra Clay and Deputy Superintendent Marcia Smith, anticipate minimal disruption as the legislation maintains certain elements of its predecessor while altering renewal procedures for contracts. According to the Arkansas Times, the LEARNS Act erases some of the due process rights after the duration of each contract that teachers had under the Teacher Fair Dismissal Act.A.
According to Smith, states that, regardless of the implementation of the LEARNS Act, the goal of the district is still the same and that goal is to first support teachers, coach teachers, and to provide tools and professional development as needed. Despite retaining some qualities of the former law, the modified renewal processes suggest a shift in administrative protocols. While not expecting significant change, officials remain vigilant to assess any potential impacts on their respective domains.
“As far as Teacher Fair Dismissal, we don’t anticipate much changing,” Clay said. “Anyone who will not be offered a contract for next year will know in advance and not be surprised, based on conversations that have happened throughout the year regarding their performance.”
The repeal of the Teacher Fair Dismissal Act and the implementation of the LEARNS Act have sparked mixed reactions among stakeholders. While some welcome the shift towards greater accountability and flexibility in addressing teacher performance, others express concerns about potential abuses of power and the erosion of teacher rights.
Critics, like English teacher Rachel Cockrell, worry that the LEARNS Act could expose teachers to a negative environment, leaving them vulnerable to external and internal pressures.
“Dr. Cleveland told us at the beginning of the year that more teachers left the district before this school year than ever before,” Cockrell said.
Not only that, but teachers began leaving during the middle of the school year.
“We also had a record number of teachers leave during the semester.” Cockrell said. “It’s a rough time to be an educator in general, but especially in Arkansas after the LEARNS Act.”
The repeal of the Teacher Fair Dismissal Act in Arkansas and the enactment of the LEARNS Act signal a significant shift in education policy, raising important questions about teacher rights, accountability, and the pursuit of educational excellence. As the state navigates these changes, it is essential to strike a balance between ensuring teacher quality and protecting educators’ fundamental rights, all while prioritizing the holistic development of every student.
The impact of these legislative changes will undoubtedly shape the future of education in Arkansas for years to come. Moreover, the removal of tenure protections could deter talented individuals from pursuing careers in education, as job security becomes increasingly uncertain. This, in turn, may exacerbate teacher shortages and undermine efforts to attract and retain qualified professionals in the field, according to Springdale High School teacher Angie Taylor.
“If your teachers aren’t happy they will not be as productive and they will not create as good results if they were,” Taylor said. “Threatening and scaring do not increase productivity, if anything it lowers it.”