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

1. Senate Bill 402: Changes in the Tenure Law and its Implications

2. Goals of this presentation • 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

3. Our standard is EXCELLENCE; therefore, our selection process will be: • Grounded in fairness • With no political or personal influence • Deemed not arbitrary or capricious • Based on both state and federal law

4. 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

5. 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.

6. 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.

7. Contracts must be accepted by: • 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

8. 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 115C-325(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”

9. Eligible teachers include: • Audiologists • Classroom Teachers • School Counselors • School Psychologists • School Social Workers • SLP • CTE teachers • Media Coordinators • Others, such as Instructional Specialists

10. Possible persons who may be interested in 4 year contract: • Person within 4 years of retirement • Fourth year initially licensed teachers

11. For TCS: • 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)

12. If teacher accepts a 4 year contract, s/he will receive: • $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

13. Examplesof 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

14. November 13, 2013 • Superintendent’s Teacher Advisory Committee • Helps develop mutually agreed upon criteria answering the question, “what does an effective teacher look like in TCS?” Blind review to select25% Superintendent Reviews and Makes Recommendation to Board Board accepts or makes modifications(Board has the final say)

15. What if selected teacher refuses to relinquish his/her tenure? • 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. • 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.”  • Attorney Brad Hunt

16. 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

17. 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)