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Breaking: Court rules that repeal of teacher tenure, 25% contracts are both unconstitutional

By: - May 16, 2014 12:14 pm

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.

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Lindsay Wagner

Lindsay Wagner, former Education Reporter for N.C. Policy Watch. Wagner now works as a Senior Writer and Researcher at the NC Public School Forum. She has also worked for the American Federation of Teachers in Washington, D.C., as a writer and researcher focusing on higher education issues and for the National Education Association, the U.S. Department of State's Fulbright program and the Brookings Institution and an Education Specialist at the A.J. Fletcher Foundation. [email protected]

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