Judge issues teacher tenure case ruling

May. 11, 2014 @ 04:03 PM

A Superior Court judge says temporary protection against some provisions of North Carolina’s teacher tenure law don’t extend to all school boards.

The order issued Friday grants the Guilford County and Durham boards of education relief from having to issue new contracts to certain teachers in exchange for their tenure. The relief continues until an appellate court rules on the broader merits of the legal action.
The state is being sued by the school boards and Guilford Superintendent Maurice Green over new provisions to the teacher tenure law enacted by the Republican-controlled N.C. General Assembly. The state’s motion to dismiss the lawsuit was denied in Friday’s ruling.
The order means other state school boards must still identify teachers for the new contracts and issue those contracts by June 30, according to state law.
Last month, the Guilford and Durham county school boards received a preliminary injunction that allows the school systems to bypass the law, which requires school systems to ask 25 percent of teachers to relinquish their tenure by June 30 and replace the tenures with four-year contracts. Guilford County Schools filed the legal action March 17.
The suit asks the court to declare that the General Assembly’s retroactive invalidation of contractual teacher tenure rights granted by local school boards is unconstitutional. The suit also seeks “temporary and permanent” relief from the recent legislative mandate requiring school boards to abide by the 25 percent mandate.