1 NCAE LEGAL How we got where we are How we get where we need to be

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NCAE LEGALNCAE LEGALNCAE LEGALNCAE LEGAL

How we got where we are

How we get where we need to be

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Strategies for the Session

What do you want to share?

What do you want to do?

What affects your understanding and beliefs?

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1941

1971

1986

1997

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1941

1971

1986

1997

Master’s Pay

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“We were fortunate in the attitude of the General Assembly and of the Administration. The 1941 Legislature is generally regarded as having been more friendly to the public schools than any in recent years, if not in the entire history of the State.”

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1941

1971

1986

1997

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1941

1971

1986

1997

Career Status

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1941

1971

1986

1997

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1941

1971

1986

1997

Teaching Fellows

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Teaching Fellows graduates employed in 5th year after

4- year service payback (2012-13): 82%

Teaching Fellows graduates employed after 5th (6th-22nd) year of service (2012-13): 63%

1987 Teaching Fellows employed in public schools in 22nd year: 58%

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1941

1971

1986

1997

Career Status

Teaching Fellows

Master’s Pay

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1941

1971

1986

1997

Career Status

Teaching Fellows

Master’s Pay

Excellent Schools Act

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“We are making a promise to our children. A promise to get and keep the very best teachers in our classrooms. A promise to raise the average teacher salary to the national average -- at least. A promise to raise standards for students and teachers and hold them accountable.”

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“In every community, teachers and parents and community leaders worked with principals, superintendents, school administrators and school boards. County commissioners and city councils and virtually every Chamber of Commerce spoke out for the Excellent Schools Act.”

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Newly certified get 3 paid days for PD

Incentive pay for student performance

Targeted professional development funds

Teacher salary increases

Mentor Pay

Excellent Schools Act 1997

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Tougher certification standards

Refined dismissal process

Excellent Schools Act 1997

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1941

1971

1986

1997

Career Status

Teaching Fellows

Master’s Pay

Excellent Schools Act

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HB 719Career Status

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Ways & MeansSenate Standing Committee

Details•Meets Upon Call of the Chairman•Bills in Committee: H98, H435, H719•Meeting notices via e-mailMembersChairmanSen. Tom ApodacaMembersSen. Andrew C. Brock, Sen. Daniel G. Clodfelter

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AppropriationsCommittee

HB 944 Vouchers

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AppropriationsCommittee

SB 361ContractsEPSA

SENATE

HOUSE OF REP.

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HOW AN IDEA BECOMES A LAW

1. Senate Budget

2. HouseBudget

DO NOT ENTER

3. Conference Committee

VOTE YES OR NO ON THE BUDGET.NO AMENDMENTS

Senate

House

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SenateDid not debate on the floor

Vouchers (Loss of career status in Senate budget bill)

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HouseDid not debate on the

floorLoss of career status(Vouchers in House

budget bill)

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Litigation: Vouchers

NCAE will challenge the constitutionality of diverting taxpayer funds for public education for vouchers for public schools that have little accountability.

NCAE is working with the N.C. Justice Center in preparing litigation and will work with a broad coalition to raise issues related to vouchers

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Eliminate Career StatusSchool administrators lose career status

in 2014(grandfathered when employment changed to contracts)“Teachers” lose career status in 2018(those that accept 4-year contracts in 2014 voluntarily relinquish career status)Teachers who were in the pipeline (probationary) remain on one-year contracts until 2018 unless eligible and accept 4-year contract in 2014

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Litigation: Career StatusNCAE will challenge the constitutionality

of eliminating career status for those who already have achieved it or those in the pipelineLawsuit will be filed in 2013 or early 2014

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Teacher and School Administrator

ContractsSchool administrators also affected by most changes in contract law

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Teacher and School Administrator

ContractsAny rating less than proficient is automatic grounds for dismissal as “inadequate performance”

Only a one-year contract may be offered if any ratings below proficient (applies only to “teachers”)

The law provides no process for disputing evaluations

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Teacher and School Administrator

ContractsA change in compensation at the end of the contract is not a “demotion” and therefore does not trigger any employment rights$500 compounded bonus for 25% 4-

year contracts can be eliminated at the end of the contract

Sets up alternative/performance pay

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School Administrator

ContractsSchool administrators continue to have a right to a hearing if superintendent recommends non-renewals.

School administrators do not have a right to a hearing if superintendent recommends renewal and board decides non-renewal

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Teacher Contracts

Teachers have no right to a hearing on renewal of the contract (may petition but at discretion of board)

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25% 4-year Contracts

Selection process

Funding

Teacher decision on whether to accept offer

Terms of contract

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25% 4-year Contracts

Give up career status in exchange for

$500 raise each year of a four-year contract that begins in 2014 and ends in 2018

Any other terms or conditions set by the local board of education that do not conflict with the law

Terms of Contract

Standard terms set by State Board in model contract

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25% 4-year Contracts

$500 raise each year of a four-year contract that begins in 2014 and ends in 2018 Compounded each year:Year 1: $500Year 2: $1000Year 3: $1500Year 4: $2000

Terms of Contract

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25% 4-year Contracts

$500 raise each year of a four-year contract that begins in 2014 and ends in 2018 Not a permanent pay raise: can be eliminated at the end of the contract

Terms of Contract

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25% 4-year Contracts

Teachers

Selection Process

Proficient

Employed for three consecutive years

Superintendent must consider evaluations and performance and submit list of 25% to boardBoard may accept, modify, or create own list: teachers must be proficient

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25% 4-year Contracts

Teachers

Selection Process

“Teachers” is the broad definition in law that includes counselors, media specialists, and all paid on the teacher salary schedule

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25% 4-year ContractsSelection

ProcessProficient

No further standards for determining this (number of years; average or review of individual ratings; personnel without proficiency as a rating on the instrument)

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25% 4-year ContractsSelection

ProcessEmployed for three consecutive years

Not clear whether to count 2013-14 as one of the three consecutive years

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25% 4-year ContractsSelection

ProcessSuperintendent must consider evaluations and performance and submit list of 25% to boardNo further explanation of performance - up to school district to determine

No further explanation of process - whether application, lottery, etc. can be used

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25% 4-year ContractsSelection

Process

Any adoption of criteria must be in open session

Board may accept, modify, or create own list: teachers must be proficient

Changes in superintendent list without clear process and standards could lead to challenges

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25% 4-year Contracts

Selection process

Funding

Teacher decision on whether to accept offer

Terms of contract

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25% 4-year Contracts

Funding for first year is underestimated because only classroom teachers were considered

FundingFunding is only appropriated for the first

year of the contract: future legislatures will have to include funding for years 2-4

Funding is returned to the State if not used (i.e. contracts not accepted by teachers)

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25% 4-year Contracts

Selection process

Funding

Teacher decision on whether to accept offerRequired terms of contract

Beliefs about career status

Locally added terms of contract

Impact of career status litigation

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Framing the Issue

Build community as a part of strategies

Give good teachers a reason to stay

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Strategies for the Session

What do you want to share?

What do you want to do?

What affects your understanding and beliefs?

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Actions

Assistance with 25% 4-year contracts

Local board resolutions

Litigation on vouchers and career status

Other actions by NCAE and you