Archives

Superior Court Judge Robert H. Hobgood ruled this morning that the state’s repeal of teacher tenure, also known as “career status,” and the 25 percent contract system that would award temporary employment contracts to those who relinquish their tenure, are both unconstitutional. Hobgood issued a permanent injunction.

“It’s a great day for teachers in North Carolina,” said Rodney Ellis, President of the North Carolina Association of Educators, following Hobgood’s ruling.chalk25

Last summer, lawmakers moved to phase teacher tenure out completely by 2018, on the basis that the law makes it too difficult to get rid of bad teachers. The legislature also mandated local school boards to offer temporary 4-year employment contracts beginning this fall worth $500 annually to the top performing 25 percent of teachers in the state. Teachers who accept the contracts would be required to relinquish their tenure early.

Tenure, or career status, offers a teacher due process rights in the event of a dismissal or demotion. Its repeal, said Hobgood, is an unconstitutional taking of teachers’ property rights.

Hobgood’s order also lets local school boards off the hook from being required to offer the 25 percent contracts to teachers. Hobgood characterized the 25 percent contract system as having no standards to guide school districts in how they would award them, further adding that temporary contracts for career status teachers are not reasonable or necessary for public purpose.

A significant percentage of the state’s 115 school districts have passed resolutions indicating their discontent with the contract system and asking the legislature to repeal the law. Guilford and Durham counties just won their own court ruling that granted them relief from having to award the contracts.

While the next step is to celebrate with teachers across the state, NCAE president Ellis added that he does anticipate an appeal to come from the state.

The Greensboro News & Record puts it this way this morning:

“No one aims to excuse teachers from accountability. Merit pay based on outstanding performance also is worth considering. But finding fair and effective ways to set those policies demands careful study, not an arbitrary mandate that enforces a penalty with the reward. Guilford’s school board members didn’t think that was right, and they’ve been upheld so far.

Their suit doesn’t deal with the larger issue of eliminating tenure for all teachers by 2018. That’s a bad move, too, and ought to be rescinded. At the very least, an N.C. School Boards Association proposal to end tenure for new teachers, but leave it for those who already earned it, is better.

When its spring session begins next month, the legislature should repeal its flawed teacher contract edict. That will spare further legal proceedings and allow time for a more thoughtful approach to teacher compensation and accountability.

[Judge] Doughton made the right call to spare the Guilford and Durham school boards, for now, from the weight of a misguided policy. It’s time to start over.”

Meanwhile, Raleigh’s News & Observer says this:

“Tenure is not what Republicans say it is, and the so-called rewards program for top teachers is not what they say it is. If GOP leaders won’t turn the tide on their attempts to diminish public schools and the teachers who do the noble work in their classrooms, let’s hope the courts continue to do it for them.”

If only the state’s political leaders could see the obvious folly of their ways that seems so apparent to most observers and those affected by their actions.

Read the full editorials by clicking here and here.

Read more here: http://www.newsobserver.com/2014/04/24/3808878/court-rightly-puts-hold-on-law.html?sp=/99/108/#storylink=cpy

Last night, Buncombe County joined a growing list of school districts that have passed resolutions rejecting the state’s new teacher contract system, which awards 4-year contracts to the top 25% of teachers (how those teachers are chosen is unclear) in exchange for relinquishing their tenure rights early.

From the Citizen-Times:

“The Board believes that retroactively removing career status from those teachers who have already obtained it may unconstitutionally interfere with employment contracts legally issued by the Board,” the resolution states.

The resolution also claims that the language in the 25 percent mandate is “vague and subject to multiple, inconsistent interpretations.

“The 25 percent mandate fails as a ‘merit-based’ pay initiative in that teachers had no prior notice of the criteria necessary to earn additional compensation.”

“I’m glad we’re taking this bold first step,” board member Lisa Baldwin said. “I want to challenge the board to go further.”

Buncombe County joins 15 other school districts in rejecting the merits of the 25% teacher contracts. Guilford and Durham counties have gone a step further, filing a lawsuit challenging the new teacher contract system and the dissolution of teacher tenure, also known as career status.

A full list of the local school districts that have passed resolutions rejecting the teacher contracts, with links to their resolutions, can be found on NCAE’s website here.

The Durham News reports that the Durham school board voted yesterday to join Guilford County in a lawsuit challenging the new teacher contract system and the dissolution of teacher tenure, also known as career status:

Durham school board Chairwoman Heidi Carter and vice chairwoman Minnie Forte-Brown both said the the law, the Excellent Public Schools Act, is disrespectful and could hurt public education.

“I’d like for our public to know that in November, when we found that this was considered to be law, we thought it to be ludicrous that a teacher would be asked to give up career status for $500 a year – which equates to $50 a month, which equates to $2.50 a day,” Forte-Brown said. “So I am so proud to be a member of the Durham Public Schools Board of Education, that we are standing for what our constitution says is right.”

State Sen. Mike Woodard attended Wednesday’s meeting.

“I am very proud of the board today,” he said. “I think we need to send a clear message to Gov. McCrory and the legislative branch.”

The law, enacted last summer, scraps teacher tenure for all by 2018 — a move promoted by lawmakers as a way to more easily get rid of bad teachers.

This fall, the top 25% of teachers who are tenured can accept 4-year contracts worth $500/year if they are willing to give up their tenure early. This piece of the law, say proponents, rewards good teachers with a pay bump.

Opponents of the law say the teacher contract system could discourage collaboration among teachers as they fight for meager wage increases, and the elimination of tenure subjects teachers to the whims of the local school board’s politics and makes the profession even less attractive to educators.

Guilford County‘s school board was the first in the state to file a lawsuit last month challenging the constitutionality of getting rid of teacher tenure, which is nothing more than a guarantee of a teacher’s due process rights in the event of demotion or dismissal. A number of local school districts have passed resolutions rejecting the tenure law and asking for relief from awarding teacher contracts (including Wake County), but only Guilford and Durham school districts have gone as far as to challenge the law in court.

On behalf of six public school teachers, the North Carolina Association of Educators filed a complaint last December alleging that the repeal of career status violates the state and federal constitution by denying teachers due process rights.

Fifty-four school boards in North Carolina have now signed on to be plaintiffs in the NC School Board Association’s school voucher lawsuit, which calls into question the constitutionality of providing families with $4,200 annual taxpayer-funded scholarships to use at private schools. (See the end of this post for the full list.)

The North Carolina Association of Educators along with the North Carolina Justice Center also filed a lawsuit late last year seeking to block the school voucher legislation.

On February 1, the NC State Education Assistance Authority began accepting applications for school vouchers. Award notification will begin in March, unless an injunction filed by the NCAE is successful at halting the implementation of the program.

The NCAE has also filed a complaint against the new teacher contract system, which eliminates tenure in exchange for temporary contracts.

With this new system that was put into law last summer, local school districts will award the top 25 percent of teachers with 4-year contracts that may come with $500 bonuses for each of those four years—as long as those teachers give up their tenure prior to 2018, when all teachers will lose it.

According to NCAE President Rodney Ellis, nine school districts have adopted resolutions rejecting the teacher contract system, including Durham, Caswell, Pitt, New Hanover, Cleveland, Alexander, Surry, Mt. Airy, and Iredell/Statesville.

This past weekend, Guilford County came close to adopting a resolution to opt out of the teacher contract system, but tabled that vote for Feb 11, at which time all members of the local school board would be present for a full vote.

It’s unclear what consequences local school districts face if they fail to comply with state law and participate in the teacher contract system.

Plaintiffs that have signed on to join NCSBA’s school voucher lawsuit:

  1. Alamance-Burlington Board of Education
  2. Alexander County Board of Education
  3. Asheboro City Board of Education
  4. Camden County Board of Education
  5. Catawba County Board of Education
  6. Chapel Hill-Carrboro City Board of Education
  7. Chatham County Board of Education
  8. Cleveland County Board of Education
  9. Columbus County Board of Education
  10. Craven County Board of Education
  11. Currituck County Board of Education
  12. Davidson County Board of Education
  13. Durham Public Schools Board of Education
  14. Edenton-Chowan Board of Education
  15. Edgecombe County Board of Education
  16. Elizabeth City-Pasquotank Board of Education
  17. Gates County Board of Education
  18. Graham County Board of Education
  19. Halifax County Board of Education
  20. Harnett County Board of Education
  21. Hertford County Board of Education
  22. Hoke County Board of Education
  23. Hyde County Board of Education
  24. Jackson County Board of Education
  25. Jones County Board of Education
  26. Kannapolis City Board of Education
  27. Lee County Board of Education
  28. Lenoir County Board of Education
  29. Lexington City Board of Education
  30. Macon County Board of Education
  31. Martin County Board of Education
  32. Moore County Board of Education
  33. Mount Airy City Board of Education
  34. Nash-Rocky Mount Board of Education
  35. Newton-Conover City Board of Education
  36. Northampton County Board of Education
  37. Onslow County Board of Education
  38. Orange County Board of Education
  39. Pamlico County Board of Education
  40. Person County Board of Education
  41. Pitt County Board of Education
  42. Polk County Board of Education
  43. Roanoke Rapids Board of Education
  44. Rockingham County Board of Education
  45. Rutherford County Board of Education
  46. Scotland County Board of Education
  47. Stanly County Board of Education
  48. Surry County Board of Education
  49. Transylvania County Board of Education
  50. Vance County Board of Education
  51. Warren County Board of Education
  52. Washington County Board of Education
  53. Whiteville City Board of Education
  54. Yancey County Board of Education