Transcript Senate Bill 402: Changes in the Tenure Law and its

Goals of this presentation
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Inform local Board, teachers and community of SB 402
and its implications
Involve Board of Education and teachers in discussion
in this important matter
Seek support and agreement in developing a procedure
by which 25% of the teachers will be offered 4 year
contracts
Notify the Board and teachers of the final, mutually
agreed upon procedures for identifying those specified
teachers and that those procedures will be presented in
open session for approval at a later meeting
Our standard is EXCELLENCE; therefore, our
selection process will be:
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Grounded in fairness
With no political or personal influence
Deemed not arbitrary or capricious
Based on both state and federal law
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If no career status (tenure) before the 2013-14
school year, there no longer exists the ability to
achieve it in NC anymore
Effective July 1, 2018, tenure is completely
eliminated for all teachers
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Senate Bill 402 Section 9.6(g) states:
Beginning September 1, 2013 to June 30, 2014,
all superintendents shall review the
performance and evaluations of all teachers
who have been employed by the local board for
at least three consecutive year. Based on these
reviews, the superintendent shall identify and
recommend to the Board, 25% of those teachers
employed for at least three consecutive years to
be awarded 4 year contracts beginning with the
2014-15 school year.
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To be given a 4 year contract, teacher must:
Have shown effectiveness as demonstrated by
proficiency on the teacher evaluation
instrument
In laymen’s terms, proficiency means you are
doing your job and doing it well consistently.
Contracts must be accepted by:
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June 30, 2014
A teacher shall cease to be employed pursuant
to G.S. 115C-325 and voluntarily relinquishes
career status or any claim of career status by
acceptance of a 4-year contract
AG’s opinion states that the 4 year contract may be
offered to all professional educators who fall
within the definition of teacher found in 115C325(a)(6)
“teacher is a person who holds at least a provisional or
expired Class A license or a regular, not provisional or
expired, vocational license issued by the SBOE; whose
major responsibility is to teach or directly supervise
teaching or who is classified by the SBOE or is paid
either as a classroom teacher or instructional support
personnel; and who is employed to fill a full-time
permanent position”
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Eligible teachers include:
 Audiologists
 Classroom Teachers
 School Counselors
 School Psychologists
 School Social Workers
 SLP
 CTE teachers
 Media Coordinators
 Others, such as Instructional Specialists
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Possible persons who may be interested in 4
year contract:
Person within 4 years of retirement
Fourth year initially licensed teachers
For TCS:
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67% of “teaching” staff is eligible for 4 year
contracts (of approximately 120 eligible
teachers)
33% of “teaching” staff is eligible for 1 year
contract (of approximately 58 teachers)
If teacher accepts a 4 year contract, s/he will
receive:
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$500.00 per year for 4 years added to their base
salary. For example, a teacher whose base
salary is $40,000.00………..
1st year(2014-15)---------$ 500---------------$40,500.00
2nd year(2015-16)--------$1,000---------------$41,000.00
3rd year(2016-17)---------$1,500--------------$41,500.00
4th year(2017-18)---------$2,000--------------$42,000.00
Examples of criteria discussed across the state:
 Proficient on all standards, particularly the most
recent evaluation instrument
 Longevity in district
 Hard to fill areas
 Lottery
 Leadership in school
 No negative letters in file (reprimands or
concerning information, action plans) within last
three years
 MS, NBPTS, Dual certifications
November 13, 2013
 Superintendent’s Teacher Advisory Committee
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Helps develop mutually agreed upon criteria
answering the question, “what does an effective
teacher look like in TCS?”
Blind review to select 25%
Superintendent Reviews and Makes Recommendation
to Board
Board accepts or makes modifications(Board has the
final say)
What if selected teacher refuses to relinquish his/her tenure?
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Cannot be made to give up his deemed “property right”
Expected litigation
“If we offer a particular teacher a 4 year contract then they have the
option to accept that 4 year contract which will include giving up
tenure. If they want to keep tenure until 2018 then their only option
would be to reject the 4 year contract offered. They cannot have it both
ways – they cannot accept the 4 year contract and still retain
tenure/career status.
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As far as expected litigation – we certainly expect NCAE to file suit in the
not so distant future challenging this new law and its requirements.”
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Attorney Brad Hunt
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Timeline:
Initial November 13, 2013 and subsequent
meetings
Identification of Mutually agreed upon criteria
Presentation to Board of procedures and criteria
Approval or Other Recommendations by Board
Presentation to teachers
25% of teachers selected
Teachers accept or reject offer (by June 30, 2014)
Contracts extended
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Board of Education can:
Accept the superintendent’s recommendation
or
Select other teachers (as long as they have
shown effectiveness as demonstrated by
proficiency on the teacher evaluation
instrument)