Transcript (R0978111) for Instructional Coll. 01-03-14

Excellent Public Schools
Act of 2013
Instructional Collaboration
Day II
January 3, 2014
Excellent Public Schools Act of 2013:
Impact on School System Employees
The Act phases in significant changes to the laws applicable to noncertified employees, teachers, and administrators—with a prevailing
theme of erosion of employment protections/rights. The laws change
from the 2013-2014 school year (Phase I), to the 2014- 2018 school
years (Phase II), and finally from July 1, 2018 and beyond (Phase III).
The most sweeping change is that teachers may no longer be awarded
career status and the incremental elimination of career status for
teachers who have already been awarded career status. The
provisions of the law will require revisions to Board policies, new
contracts, and changes to employment practices. The most significant
immediate step is that during the 2013-2014 school year, school
districts must identify the top twenty-five (25%) of all teachers with
three (3) consecutive years of service, based on performance/
evaluations, in order to offer these teachers a four-year contract.
Phase I – 2013-2014
Contract Teachers (Probationary Teachers)
No longer eligible to receive career status. The procedures for
nonrenewal continue to follow 115C-325(m) as in the past,
including the May 15 deadline to notify the probationary teacher
of the Superintendent’s recommendation for nonrenewal but,
alter the process to eliminate any right to a hearing. All hearings
are at the discretion of the Board.
Probationary teachers may appeal a nonrenewal decision to
Superior Court under 115C-325(n).
Probationary teachers will continue to be evaluated in
accordance with 115C-333 and -333.1 and State Board of
Education Policy TCP-C-004. Specifically, teachers will receive
three (3) observations by an administrator, one (1) observation
by a peer, and an evaluation, and the other requirements set
forth in TCP-C-004 remain in effect.
Phase I – 2013-2014
Contract Teachers (Probationary Teachers)
Cont’d

May qualify for a 4 year contract and a
$500 annual raise during the contract if
the teacher has 3 consecutive years of
service (we will address this further
under Career Teachers and later in the
presentation)
Phase I – 2013-2014
Career Status Teachers
No change to current law on evaluating or dismissing.
115C-325 continues to apply to any teacher who received
career status prior to August 1, 2013.
State Board of Education Policy TCP-C-004 governs the
evaluation process.
Phase I – 2013-2014
Career Status Teachers (Cont’d)
Specifically, beginning September 1, 2013 to June 30, 2014, career
status teachers and probationary teachers may be offered a
four-year contract effective at the start of the 2014-2015 school
year if all of the following apply:
 The teacher has three (3) consecutive years of service;
 The teacher has shown effectiveness as demonstrated by
proficiency on the teacher evaluation instrument;
 The teacher is selected by the Board of Education following
the recommendation from the Superintendent, based on
performance and evaluations (Note: only 25% of teachers
with at least 3 consecutive years of service may be selected);
and
 The contract offer is accepted no later than June 30, 2014.
Phase I – 2013-2014
Career Status Teachers (Cont’d)



Qualifying teachers who accept a four-year contract
effective at the start of the 2014-2015 school year
will receive “a five hundred dollar ($500.00) annual
pay raise for each year of the four-year contract”
and relinquish career status or any claim to career
status.
$500.00 raise is cumulative over the 4 years (Year
1/$500;Year 2/$1000;Year 3/$1500; and Year
4/$2000).
The State Board of Education shall provide a model
contract, including a temporary contract by January
1, 2014 and permanent contract as soon thereafter
as practicable
Phase II – July 1, 2014 – June 30, 2018
Contract Teachers (Probationary Teachers)

Unless these teachers were offered and accepted a
four-year contract pursuant to the twenty-five (25%)
percent provision noted above, the teachers may
only receive one-year contracts. As stated in
Section 9.6.(f) of the Act – “All teachers who have
not been granted career status prior to the 20132014 school year shall be offered only one-year
contracts, except for qualifying teachers offered a
four-year contract as provided in subsection (g) of
this section [the 25% provision], until the 2018-2019
school year.”
Phase II – July 1, 2014 – June 30, 2018
Contract Teachers (Probationary Teachers)
Cont’d


The nonrenewal provisions are revised to require the
Superintendent to provide the teacher the written
nonrenewal recommendation by June 1. The requirements of
providing the reasons and the records in support of the
nonrenewal recommendation have been eliminated. Upon
receiving the nonrenewal recommendation, the teacher has
ten (10) days to petition the Board for a hearing – there is no
right to a hearing. The Board’s nonrenewal decision must be
made by June 15 unless the teacher was granted a
discretionary hearing, in which case the nonrenewal decision
should be within ten (10) days of the hearing or at such later
date by agreement of the parties.
The teacher has no right to appeal the nonrenewal decision
to Superior Court.
Phase II – July 1, 2014 – June 30, 2018
Contract Teachers (Probationary Teachers)
Cont’d


Failure to offer a contract or to notify a teacher of a
nonrenewal does not result in an automatic contract renewal.
Rather, if the teacher continues to work for the school
district the Board may offer a one-year contract expiring no
later than June 30 of the current year or move for dismissal.
If the teacher is dismissed, the Board shall pay the equivalent
of one additional month’s pay.
During the contract, the teacher may be dismissed under a
revised dismissal procedure that includes an appeal to the
Board but eliminates the right to a hearing by an outside
hearing officer.
Phase II – July 1, 2014 – June 30, 2018
Contract Teachers (Probationary Teachers)
Cont’d
The definition of a teacher includes a teacher with a current lateral
entry teaching license. These teachers should receive the same
one-year contracts as other fully-licensed teachers (not a
terminating contract). The definition of a demotion is amended to
include “any reduction of pay as compared to a prior term of
contract.”
 Under 115C-333 and -331.1 and State Board of Education Policy
TCP-C-004, teachers who have not been employed for threeconsecutive years shall follow the evaluation process as used in the
past for probationary teachers. Teachers who were offered and
accepted a four-year contract under the 25% provision will be
evaluated under the procedures that apply to career status
teachers. It is unclear at this time what evaluation process will
apply to teachers with three consecutive years of services who are
not on a four-year contract and who do not have career status.

Phase II – July 1, 2014 – June 30, 2018
Career Status Teachers
Teachers who received career status prior to August 1, 2013,
continue to maintain this status and the job protections set
forth under 115C-325 unless the teacher voluntarily
relinquished career status by accepting a four-year contract
under the 25% provision. Career status teachers will continue
to be evaluated as set forth in 115C-333 and -333.1 and State
Board of Education Policy TCP-C-004. Teachers who accepted
a four-year contract are subject to the revised dismissal
procedures which include the elimination of the right to a
hearing before an outside hearing officer.
Phase III – July 1, 2018 and beyond
Contract Teachers (Probationary Teachers)
Teachers will be hired on a 1, 2 or 4 year contracts. A
contract between the local board of education and a teacher
who has been employed by the local board of education for
less than three years shall be for a term of one school year. A
contract or renewal of contract between the local board of
education and a teacher who has been employed by the local
board of education for three years or more shall be for a term
of one, two, or four school years. A superintendent shall only
recommend a teacher for a contract of a term longer than
one school year if the teacher has shown effectiveness as
demonstrated by proficiency on the evaluation instrument.
Phase III – July 1, 2018 and beyond
Contract Teachers (Probationary Teachers)
Cont’d


As noted in Phase II, the nonrenewal provisions require the
Superintendent to provide the teacher the written
nonrenewal recommendation by June 1. Upon receiving
the nonrenewal recommendation, the teacher has ten (10)
days to petition the Board for a hearing – there is no right
to a hearing. The Board’s nonrenewal decision must be
made by June 15 unless the teacher was granted a
discretionary hearing, in which case the nonrenewal
decision should be within ten (10) days of the hearing or at
such later date by agreement of the parties.
The teacher has no right to appeal the nonrenewal decision
to Superior Court.
Phase III – July 1, 2018 and beyond
Contract Teachers (Probationary Teachers)
Cont’d


Failure to offer a contract or to notify a teacher of a
nonrenewal does not result in an automatic contract
renewal. Rather, if the teacher continues to work for the
school system, the Board may offer a one-year contract
expiring no later than June 30 of the current year or move
for dismissal. If the teacher is dismissed, the Board shall pay
the equivalent of one additional month’s pay.
During the contract, the teacher may be dismissed under
the revised dismissal procedure that includes an appeal to
the Board but eliminates the right to a hearing by an
outside hearing officer.
Phase III – July 1, 2018 and beyond
Contract Teachers (Probationary Teachers)
Cont’d


The definition of a teacher includes a teacher with a
current lateral entry teaching license. These teachers
should receive the same one-year contracts as other fullylicensed teachers (not a terminating contract).
Under 115C-333 and -331.1 and State Board of Education
Policy TCP-C-004, teachers who have not been employed
for three-consecutive years shall follow the evaluation
process as used in the past for probationary teachers. All
teachers who have been employed for three or more years
will be evaluated in accordance with the past provisions for
career status teachers as set forth in State Board of
Education Policy TCP-C-0004.
Phase III – July 1, 2018 and beyond
Career Status Teachers
Career status teachers no longer “exist.” All teachers
are employed on one, two, or four year contracts as
set forth above.

Dr. Taylor has created a video message
regarding Senate Bill 402 and how it
effects Teacher Tenure.

http://goo.gl/cCPxId