NCAE WINS...AGAIN!
VETERAN TEACHERS KEEP DUE PROCESS (TENURE)
N.C. SUPREME COURT SAYS LAW ENDING DUE PROCESS IS UNCONSTITUTIONAL!
RALEIGH, N.C. – The N.C Supreme Court today, in a unanimous decision, ruled that a 2013 state law to end the due process rights of teachers is unconstitutional. The seven-judge court upheld an earlier Superior and Appellate Court ruling that said the law violated the constitutional protection of contracts. The Court did not address the taking of property claim.
“Today is a win for educators, public schools, and most importantly students. The Court has heard the voices of teachers that North Carolina should honor its commitment of basic employment rights,” said NCAE President Rodney Ellis. “We are glad the Court recognized the General Assembly’s attempt to strip away rights from teachers as unconstitutional.”
However, there is still more work to do. An Appellate Court decision last year eliminated the opportunity for career status for those teachers in the “pipeline.” These are teachers who started their teaching career but had not yet worked four years, the time it typically takes to earn career status. Under the current law, new teachers will still never be able to earn career status.
“Career status is an important tool to recruit and retain quality educators, just like fair compensation and working and learning conditions that lead to student success,” added Ellis. “Our elected leaders should take the steps needed to provide all teachers with basic employment rights.”
NCAE, along with six public school teachers, filed the lawsuit alleging that the Legislature’s Career Status Repeal violated the federal and state constitution by eliminating basic due process rights. Career status gives teachers the right to know why they are being disciplined or fired, and the right to a hearing, but does not shield them from being dismissed.
NCAE is the state’s largest education advocacy organization for public school employees and represents active, retired and student members. More information about career status can be viewed at www.ncae.org.