A Growing Wave of State Legislation Targeting Faculty Tenure

In early 2026, higher education in the United States has faced a notable surge in legislative efforts aimed at reforming faculty tenure systems and governance structures. Alabama, Kentucky, Oklahoma, and Tennessee have all advanced bills or executive actions that introduce post-tenure reviews, expand dismissal grounds, limit faculty senates' roles, or phase out tenure altogether at certain institutions. These measures, often framed as accountability reforms amid financial pressures and calls for efficiency, have sparked intense debate among university administrators, faculty members, and policymakers. While proponents argue they address underperformance and align universities with taxpayer priorities, critics warn of chilling effects on academic freedom, research innovation, and faculty recruitment.

Tenure, formally known as continuous tenure in academic employment, originated from the American Association of University Professors' (AAUP) 1940 Statement of Principles on Academic Freedom and Tenure. It provides job security after a probationary period—typically six to seven years—contingent on excellence in teaching, research, and service, primarily to protect faculty from arbitrary dismissal and foster bold inquiry. Today, tenure-track positions represent only about 25-30% of faculty roles nationwide, with the rest in contingent or non-tenure positions, but reforms target even these protections at public institutions.

Alabama HB 580: Shifting Power to Governing Boards

Alabama's House Bill 580, sponsored by Rep. Troy Stubbs (R-Wetumpka), passed the House on March 31, 2026, and advanced in the Senate by early April. The legislation mandates that governing boards establish faculty senates as purely advisory bodies, with membership capped at 60 (half appointed by the president) and no authority to issue public statements or make binding recommendations. Boards gain explicit control over tenure policies, curriculum decisions—including required courses and subjects taught—and post-tenure reviews at least every six years.

Dismissal grounds for tenured faculty expand to include professional incompetence, failure to complete post-tenure development plans, moral turpitude, unprofessional conduct adversely affecting the institution, and financial exigency. Amendments exempted the University of Alabama and Auburn (requiring constitutional changes), but critics like the UA AAUP chapter argue it erodes shared governance and exposes faculty to political interference, potentially harming recruitment and research. Rep. Stubbs counters that it ensures 'transparency and accountability.' For the full text, see the official bill document.

• Post-tenure review: Peer-evaluated every 6 years max, focusing on development with due process.
• Faculty senate limits: Advisory only, board-approved policies.
• Board powers: Curriculum approval, tenure dismissal standards.

Kentucky HB 490: Financial Exigency as Dismissal Trigger

Kentucky's House Bill 490, co-sponsored by Reps. James Tipton and Aaron Thompson, passed the House 72-21 and Senate by late March 2026, landing on Democratic Gov. Andy Beshear's desk. It introduces quadrennial performance reviews and allows tenured faculty dismissal for 'bona fide financial reasons' like low program enrollment or revenue-cost misalignment, alongside traditional 'for cause' grounds such as incompetency or neglect. Faculty senates at UK opposed it in straw polls, citing bypassed due process and risks to academic value assessment.

Provost Robert DiPaola noted UK's stability but demographic challenges elsewhere. The AHA urged a veto, warning it politicizes employment under fiscal pretexts. Sponsor Thompson insists it's for 'fair standards during financial pressures,' not mass firings. As of April 10, it awaits gubernatorial action, with override possible.

Oklahoma's Executive Push and SB 1782

Governor Kevin Stitt's February 2026 Executive Orders 2026-06 and 2026-07 direct phasing out tenure at regional and community colleges (no new awards), with five-year renewable contracts tied to performance, while research flagships like OU and OSU retain it with rigorous post-tenure reviews. Senate Bill 1782, advanced from committee, bans new tenure post-January 2027 across publics, capping contracts at five years.

Sen. Randy Grellner (R) argues taxpayers deserve evaluations without lifetime exemptions. OU AAUP's Michael Givel counters it cripples research in healthcare and drives top talent away. Regents must approve, likely complying. Critics highlight misunderstandings of tenure's role in fostering innovation.

Tennessee HB 2194: Discipline Independent of Tenure Status

Tennessee's HB 2194 passed both chambers by late March 2026, heading to Gov. Bill Lee. It mandates policies separating tenure decisions from discipline, applying uniform procedures to all faculty regardless of status, with chief executives (presidents/provosts) holding sole termination authority without faculty senate votes. Suspension/termination for policy violations or standards breaches bypasses tenure protections except via due process. For details, review the bill PDF.

Supporters clarify tenure isn't misconduct immunity; opponents fear weakened due process and governance. It builds on prior withdrawn anti-tenure bills.

National Context and Similar Reforms

These bills echo Florida's 2023 post-tenure reviews, Ohio's and Texas' governance shifts. A Forbes analysis notes four more states ramping attacks by February 2026. AAUP reports tenure density fell from 70% in 1975 to 28% today, but public university erosion threatens shared governance.

Studies link tenure to novel research post-award, with Florida/Texas PTR boosting some outputs but risking recruitment. Experts like those in PNAS note tenure shapes trajectories toward exploration over safe citations.

Stakeholder Perspectives: Faculty vs. Lawmakers

Faculty unions like AAUP decry politicization: 'Weaponized for non-fiscal reasons,' per Todd Wolfson. AHA: 'Depreciates public higher ed investment.' University presidents mixed; some see flexibility needs amid enrollment drops (37% say tenure pros outweigh cons per surveys).

• Pro-reform: Accountability for taxpayers, address 'deadwood' (Grellner).
• Anti: Brain drain, chilled speech, research stifling (UA AAUP).

Potential Impacts on Research, Recruitment, and Innovation

Weakened tenure correlates with reduced novel research and faculty retention, per SSRN/Forbes studies; Florida PTR upped working papers 21% in finance but overall threats to top talent. Universities risk losing stars to stable states, harming R1 aspirations and grants. Enrollment dips (e.g., demographics) cited, but experts note admin bloat as true cost driver. Balanced reforms like robust PTR without overreach suggested.

Historical Role of Tenure in US Higher Education

From AAUP's 1915 principles amid WWI dismissals, 1940 Statement standardized protections for extramural freedoms. It enabled research unis from teaching colleges, insulating inquiry. Reforms must weigh this legacy against modern accountabilities.

Future Outlook and Paths Forward

As sessions end (AL week of April 10, TN April 24), vetoes/overrides loom. Faculty advocate lobbying, transparency. Alternatives: Enhanced voluntary PTR, merit pay, adjunct paths to tenure. Strengthening shared governance preserves quality. For tenure-track opportunities amid changes, explore faculty positions.

Actionable Insights for Faculty and Administrators

• Monitor bills via state legislatures.
• Engage AAUP chapters for advocacy.
• Prioritize documentation for reviews.
• Universities: Pilot balanced reforms pre-mandate.

These developments underscore tensions between accountability and freedom, pivotal for US higher ed's future. Read AAUP's stance here.

Photo by Marek Studzinski on Unsplash