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 non- certified employees, teachers, and administrators—with a prevailing theme of erosion of employment protections/rights. The laws change from the school year (Phase I), to the 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 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 – 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 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 – Contract Teachers (Probationary Teachers) Cont’d Phase I – 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 – 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, State Board of Education Policy TCP-C-004 governs the evaluation process.

Phase I – 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 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 – Career Status Teachers (Cont’d) Qualifying teachers who accept a four-year contract effective at the start of the 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. $ 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 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 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 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. 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 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 fully- licensed teachers (not a terminating contract). Under 115C-333 and 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.