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