Judge Hobgood issues written order declaring tenure repeal unconstitutional

Yesterday, Judge Hobgood issued an order putting into effect his prior ruling enjoining the repeal of teacher tenure in North Carolina.  The ruling rolls back the General Assembly’s attempt to retroactively eliminate public school teachers’ employment protections.   It also relieves school districts of the obligation to offer 25% of their teachers a small raise if they willingly abandon their employment protections.

In the course of litigation, the plaintiffs, represented by Patterson Harkavy attorneys Burton Craige and Narendra Ghosh, produced ample evidence demonstrating that eliminating career status makes it harder for schools to attract and retain quality teachers.  In contrast, the state was unable to produce any evidence demonstrating that career status actually prevented school districts from eliminating ineffective teachers.

Judge Hobgood ultimately determined that the repeal of career status impairs teachers’ contractual rights.  He also found that it “does not further any public purpose because the undisputed facts demonstrate that, under the Career Status Law, school administrators already have the ability to dismiss career status teachers for inadequate performance whenever necessary.  Moreover, eliminating career status hurts North Carolina public schools by making it harder for school districts to attract and retain quality teachers.”

Judge Hobgood’s detailed order can be accessed here.