Narendra Ghosh appears before the NC Supreme Court, arguing tenure repeal unconstitutional

Patterson Harkavy attorney Narendra Ghosh appeared today before the North Carolina Supreme Court, arguing that the General Assembly’s 2013 repeal of teacher tenure violated teachers’ rights under the North Carolina Constitution and the United States Constitution.

For over forty years, North Carolina public school teachers have been able to earn “career status” after successful completion of a four-year probationary period and a favorable vote by a teacher’s school board. A teacher with career status can only be demoted or dismissed for good cause, and had the right to a hearing in which he or she could contest a dismissal or demotion decision. All of North Carolina’s neighboring states provide teachers a comparable system of basic employment protections.

In 2013, the North Carolina General Assembly passed legislation stripping teachers of these employment protections. Under the new system, teachers will be employed under one-, two-, or four-year contracts. When a school board fails to renew an experienced teacher’s contract, the new system denies that teacher any right to a hearing challenging that decision. Veteran teachers with career status will be stripped of that status as of July 1, 2018; teachers who have yet to earn career status will never be able to receive it, and will be employed on one-year contracts until 2018.

Patterson Harkavy, representing several North Carolina teachers and the North Carolina Association of Educators, filed suit in December of 2013, challenging the constitutionality of the repeal. In Spring of 2014, Judge Hobgood ruled that the repeal violated the United States Constitution’s Contracts Clause and the North Carolina Constitution’s Law of the Land Clause.

The State failed to produce any evidence indicating that the repeal of career status was necessary to accomplish any public purpose. In contrast, Patterson Harkavy produced the affidavits of school administrators who consistently discussed how career status was not a barrier to removing bad teachers, but instead helped schools attract and retain good teachers despite their low salaries.

The Court of Appeals affirmed Judge Hobgood's order on June 2, 2015. The government appealed to the North Carolina Supreme Court. Yesterday, Narendra appeared before the court, arguing that Judge Hobgood's decision should stand. The argument was covered by the Raleigh News & Observer, WRAL, and ABC11.