Upholding career status
Published June 5, 2015
Editorial by Durham Herald-Sun, June 4, 2015.
The picture has brightened a bit lately for North Carolina’s embattled teachers, and they
got a significant boost Tuesday from the state Court of Appeals.
In a 2-1 decision, the court upheld a lower court ruling that the state legislature acted
unconstitutionally when it revoked career status for teachers who had earned it. “We have
no trouble concluding that the trial court was correct in its determination that the Career
Status Repeal substantially impairs Plaintiff’s vested contractual rights,” Judge Linda
Stephens wrote in the majority opinion.
Eliminating career status was an early and high-priority of Republicans when the party
secured the governor’s mansion as well as majorities in both houses of the legislature
three years ago. For many in the new majority, the status has always been a symbol of
what’s wrong in their view with the state’s educational system.
Whether that’s true or not – we happen to think career status is, at the very least, greatly
overstated as a barrier to improving education – a Superior Court judge and now an
appeals court majority have said that doesn’t matter. Removing it violates the state’s
constitution.
he victory for teachers is only a partial one. Since the decision was based on the state’s
contractual obligations, the courts found no barrier for the state to discontinue career
status for new teachers. Over time, barring a shift in legislative sentiment, more and more
teachers will be moving forward in their careers without obtaining that protection.
Even before the court’s ruling, however, Durham Public Schools and other systems had
moved to restore the protections at the local level.
Antipathy toward career status has long been sharpened by calling it “teacher tenure,”
invoking for many the much stronger protection granted college and university faculty at
a certain point in their careers.
In fact, career status did little more than provide hearings, appeals and other due process
rights for teachers who are dismissed. hat makes eliminating bad teachers a bit more
difficult, but that level of difficulty also helps prevent unfair or unfounded dismissals
based on factors other than performance.
Do many school administrators act too timidly to oust a bad teacher from the classroom?
No doubt they do. But the solution lies in hiring, promoting and empowering strong
principals with a focus on instruction and a determination to coach and nurture teachers
to achieve results – or to fairly and equitably show them the door if they don’t.
Legislative leaders said they are studying their appeal options. Appeal is certainly their
right, but it would be better to drop this ill-advised effort and move on.
