Wednesday, December 18, 2013

NC Teachers Claim Legislation Ending Tenure Is Unconstitutional

This past summer, North Carolina passed legislation altering the tenure rights of public school teachers.  Teachers who have not already accumulated four years of service in a district are deprived of any opportunity for career services and only qualify for year-to-year teaching contracts.  Teachers who previously qualified for or earned tenure will lose their protections beginning in 2018.

Yesterday, the North Carolina Association of Educators and six tenured teachers filed a lawsuit challenging the constitutionality of the legislation.  They put forward two theories.  First, they assert that taking away tenure violates the state constitutional protection against deprivations of life, liberty, and property.  They argue tenure is a vested property right.  To take it away, the state would have to compensate teachers, which it has not here.  Second, they assert the legislation violates the U.S. Constitution's prohibition against impairing contracts.  The tenure relationship between teachers and districts creates contractual rights on the part of teachers and now the state has stepped in and impaired those rights.

The full complaint is available here.

http://lawprofessors.typepad.com/education_law/2013/12/nc-teachers-claim-legislation-ending-tenure-is-unconstitutional.html

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