WJTV News Channel 12 - Wake Co.judge calls teacher tenure law 'not reasonable'

Wake Co.judge calls teacher tenure law 'not reasonable'

Posted: Updated:
RALEIGH, N.C. - A Wake County judge issued a written decision on Friday that a new North Carolina law cutting job protections for veteran teachers who now enjoy them is unconstitutional.

Superior Court Judge Robert Hobgood had made that ruling from the bench May 16 but produced a written order Friday.

“All teachers who earned career status before the July 26, 2013 enactment of the Career Status Repeal have contractual rights in that status and to the protections established by the Career Status Law,” Hobgood wrote.

Hobgood wrote that the new law “substantially impairs the contractual rights of career status teachers.”


He said the repeal of career status “was not reasonable and necessary to serve an important public purpose.”

“Therefore, the Career Status Repeal clearly violates the Contract Clause of the United States Constitution by substantially impairing the contractual rights of career status teachers.”

He ruled the state of North Carolina is “permanently enjoined” from enforcing parts of the law.

The order was signed June 5 and released June 6.

His ruling also said the law passed by Republican lawmakers last year violates constitutional rights that protect contracts and prevent governments from taking a person's property.

For more than 40 years, North Carolina law has said veteran teachers cannot be fired or demoted except for reasons that include poor performance, immorality and insubordination. Teachers earning career status after at least four years in a school district also have the right to a hearing where they can challenge their firing or demotion.

Last summer, Republican lawmakers voted to phase out those protections, arguing it will promote sharper classroom performance. Teachers who haven't worked the four years needed to qualify for career status are being offered one-year contracts. Veteran teachers were due to lose their tenure protections in 2018.

State Senate leader Phil Berger, R-Rockingham, has promised that the ruling will be appealed.

“This is an important victory, not only for teachers, but for public education,” said Rodney Ellis, president of NCAE. “Local boards and superintendents have been standing right along with us in saying that protecting due process rights for teachers is a good thing – that we want our teachers to be strong advocates for students and to not have to fear politics will rob them of their job.”

RELATED STORIES
Copyright 2014 WNCN. All rights reserved.

  • PoliticsMore>>

  • Governor, NC Senate Republicans talk about budget

    Governor, NC Senate Republicans talk about budget

    Gov. Pat McCrory (File Photo)Gov. Pat McCrory (File Photo)
    Gov. Pat McCrory has met with Senate Republicans to try to look at ways to narrow their differences over budget adjustments that were supposed to be in place three weeks ago.
    Gov. Pat McCrory has met with Senate Republicans to try to look at ways to narrow their differences over budget adjustments that were supposed to be in place three weeks ago.
  • Audit: Ex-Tarboro town manager used funds inappropriately

    Audit: Ex-Tarboro town manager used funds inappropriately

    Tuesday, July 22 2014 12:24 PM EDT2014-07-22 16:24:48 GMT

    The state auditor’s report determined that the former town manager “made nearly $366,000 of purchases" that were inappropriate.

    The state auditor’s report determined that the former town manager “made nearly $366,000 of purchases" that were inappropriate.

  • Political group running another anti-Tillis NC ad

    Political group running another anti-Tillis NC ad

    An independent political group plans to spend more than $1 million over the next two weeks for a television ad critical of North Carolina Republican Senate nominee Thom Tillis by trying to link him to conservative...
    An independent political group plans to spend more than $1 million over the next two weeks for a television ad critical of North Carolina Republican Senate nominee Thom Tillis by trying to link him to conservative financiers.
  • Trending StoriesTrending StoriesMore>>

  • Parts of Durham once again flood as business owner looks for relief

    Parts of Durham once again flood as business owner looks for relief

    Monday, July 21 2014 10:20 PM EDT2014-07-22 02:20:30 GMT
    Several inches of rain created flooding in parts of Durham on Monday.
    Several inches of rain created flooding in parts of Durham on Monday.
  • Largest companies by revenue in each state

    Largest companies by revenue in each state

    Thursday, July 10 2014 8:01 PM EDT2014-07-11 00:01:10 GMT
    Broadview Networks recently decided to find out the biggest -- by revenue -- company in each state in the US.The company used the Fortune 500 list to start with, but needed data by state, so it turned to Hoover's.With data from that company, they were able to search through each state's list of companies and then find the largest -- by revenue.Just flip through the list above and see who is the biggest in each state, what town they are based and their revenue.
    Broadview Networks recently decided to find out the biggest -- by revenue -- company in each state in the US.The company used the Fortune 500 list to start with, but needed data by state, so it turned to Hoover's.With data from that company, they were able to search through each state's list of companies and then find the largest -- by revenue.Just flip through the list above and see who is the biggest in each state, what town they are based and their revenue.
  • Durham worker says he was let go after receiving back pay

    Durham worker says he was let go after receiving back pay

    Monday, July 21 2014 10:32 PM EDT2014-07-22 02:32:25 GMT
    Michael David said Dayeco Construction owed him a paycheck for more than six weeks of work.Michael David said Dayeco Construction owed him a paycheck for more than six weeks of work.
    A Durham man said he was let go by his employer after finally getting a paycheck that he'd waited six weeks to receive.
    A Durham man said he was let go by his employer after finally getting a paycheck that he'd waited six weeks to receive.
Powered by WorldNow

1820 TV Road
Jackson, MS 39204

Telephone: 601.372.6311
Fax: 804.819.5569
Email: wjtvnews@wjtv.com

Can't find something?
Powered by WorldNow
All content © Copyright 2000 - 2014 Media General Communications Holdings, LLC. A Media General Company.