NCAE LEGAL

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

2. Strategies for the Session What affects your understanding and beliefs? What do you want to share? What do you want to do? 2

3. 1941 1971 1986 1997 3

4. 1941 Master’s Pay 1971 1986 1997 4

5. “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.” 5

7. 1941 1971 1986 1997 7

8. 1941 Career Status 1971 1986 1997 8

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11. 1941 1971 1986 1997 11

12. 1941 1971 1986 Teaching Fellows 1997 12

13. 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% 13

14. 1941 Master’s Pay 1971 Career Status 1986 Teaching Fellows 1997 14

15. 1941 Master’s Pay 1971 Career Status 1986 Teaching Fellows Excellent Schools Act 1997 15

16. “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.” 16

17. “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.” 17

18. Excellent Schools Act 1997 Teacher salary increases Mentor Pay Incentive pay for student performance Newly certified get 3 paid days for PD Targeted professional development funds 18

19. Excellent Schools Act 1997 Refined dismissal process Tougher certification standards 19

20. 1941 Master’s Pay 1971 Career Status 1986 Teaching Fellows Excellent Schools Act 1997 20

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22. HB 719 Career Status 22

23. Ways & Means • Senate Standing Committee • Details • Meets Upon Call of the Chairman • Bills in Committee: H98, H435, H719 • Meeting notices via e-mail • Members • Chairman • Sen. Tom Apodaca • Members • Sen. Andrew C. Brock, Sen. Daniel G. Clodfelter 23

24. HB 944 Vouchers Appropriations Committee 24

25. SB 361 Contracts EPSA SENATE Appropriations Committee HOUSE OF REP. 25

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27. HOW AN IDEA BECOMES A LAW Senate 1. Senate Budget 3. Conference Committee House 2. House Budget DO NOT ENTER VOTE YES OR NO ON THE BUDGET. NO AMENDMENTS

28. Senate Did not debate on the floor Vouchers (Loss of career status in Senate budget bill) 28

29. House Did not debate on the floor Loss of career status (Vouchers in House budget bill) 29

30. 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 30

31. Eliminate Career Status School 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 31

32. Litigation: Career Status NCAE will challenge the constitutionality of eliminating career status for those who already have achieved it or those in the pipeline Lawsuit will be filed in 2013 or early 2014 32

33. Teacher and School Administrator Contracts School administrators also affected by most changes in contract law 33

34. Teacher and School Administrator Contracts Any 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 34

35. Teacher and School Administrator Contracts A 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 35

36. School Administrator Contracts School 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 36

37. Teacher Contracts Teachers have no right to a hearing on renewal of the contract (may petition but at discretion of board) 37

38. 25% 4-year Contracts Terms of contract Selection process Funding Teacher decision on whether to accept offer 38

39. 25% 4-year Contracts Terms of Contract Give up career status in exchange for $500 raise each year of a four-year contract that begins in 2014 and ends in 2018 Standard terms set by State Board in model contract Any other terms or conditions set by the local board of education that do not conflict with the law 39

40. 25% 4-year Contracts Terms of Contract $500 raise each year of a four-year contract that begins in 2014 and ends in 2018 Compounded each year: Year 1: $500 Year 2: $1000 Year 3: $1500 Year 4: $2000 40

41. 25% 4-year Contracts Terms of Contract $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 41

42. 25% 4-year Contracts Selection Process Teachers Proficient Employed for three consecutive years Superintendent must consider evaluations and performance and submit list of 25% to board Board may accept, modify, or create own list: teachers must be proficient 42

43. 25% 4-year Contracts Selection Process Teachers “Teachers” is the broad definition in law that includes counselors, media specialists, and all paid on the teacher salary schedule 43

44. 25% 4-year Contracts Selection Process Proficient No further standards for determining this (number of years; average or review of individual ratings; personnel without proficiency as a rating on the instrument) 44

45. 25% 4-year Contracts Selection Process Employed for three consecutive years Not clear whether to count 2013-14 as one of the three consecutive years 45

46. 25% 4-year Contracts Selection Process Superintendent must consider evaluations and performance and submit list of 25% to board No further explanation of performance - up to school district to determine No further explanation of process - whether application, lottery, etc. can be used 46

47. 25% 4-year Contracts Selection Process Board may accept, modify, or create own list: teachers must be proficient Any adoption of criteria must be in open session Changes in superintendent list without clear process and standards could lead to challenges 47

48. 25% 4-year Contracts Terms of contract Selection process Funding Teacher decision on whether to accept offer 48

49. 25% 4-year Contracts Funding Funding is only appropriated for the first year of the contract: future legislatures will have to include funding for years 2-4 Funding for first year is underestimated because only classroom teachers were considered Funding is returned to the State if not used (i.e. contracts not accepted by teachers) 49

50. 25% 4-year Contracts Teacher decision on whether to accept offer Required terms of contract Locally added terms of contract Selection process Funding Beliefs about career status Impact of career status litigation 50