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Published: Monday, July 14, 2014 at 11:11 AM.
A proposed state plan to take tenure away from teachers was recently ruled unconstitutional by a North Carolina superior court judge.
Following the 2013-14 school year, a state decision planned to cause teachers to lose their tenure, a program that provided greater employment security. The tenure system was going to be replaced with employment-based contracts earned by ratings on performance reviews.
In the absence of tenure, the top 25 percent of teachers who worked three consecutive years were to have received a four-year contract. Those who received the contract would additionally receive $5,000 during a four-year period.
The top 25 percent of the teachers were to be selected by the local school board, CCS Director of Professional Development Jennifer Wampler previously told the Cleveland County Board of Education.
But the plan was found unconstitutional.
A lawsuit was filed by the North Carolina Education Association. Wake County Superior Court Judge Robert Hobgood said selecting the top 25 percent violated teachers’ employment contracts with boards, and asking teachers to give up their “career status” for the new program was a violation of their property rights, according to the Associated Press.
“The lawsuit said you can’t take tenure away from people who already have it," Wampler said. "It’s a property right.”
‘Teachers are relieved’
Several teachers were not in favor of the top 25 percent selection, Wampler said.
“There was a lot of stress and questions about it,” she said. “Even the way the 25 percent was to be chosen was so arbitrary that it caused a lot of stress. The salary increase was really only a guarantee for the first year. Even if a teacher accepted career status, the state could change their mind down the road and they would lose it.”
Cleveland County Schools sent out a survey asking for information about leadership roles teachers were involved in to be sure no one was overlooked for the 25 percent selection. Several of them didn’t want to give their information, Wampler said.
“An overwhelming number of teachers wrote on they didn’t want it and didn’t want to be considered. They didn’t want to put down their information and be selected,” Wampler said. “I think teachers are relieved not to worry about it now.”
Earlier this year, Wampler said nearly 1,000 county teachers were eligible for the four-year contract.
Former Cleveland County Schools Superintendent Dr. Bruce Boyles was quoted by The Star in February as saying the top 25 percent plan was a factor in his plan to retire.
"It's one of the most troubling things I've seen happen to teachers," he said at that time.
What next?
The state legislature has still not reached a decision on the 2014-15 budget, so it is unsure what direction teacher tenure will go.
North Carolina teachers have not received raises since 2009, the Associated Press reported.
“I’m not sure what the next step will be,” Wampler said. “In general, giving up the tenure previously wasn’t worth the pay increase with all the unknowns.”
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