Guilford School Board to sue state over law abolishing teacher tenure

The Greensboro News and Record has the details.

The school board voted unanimously Tuesday to challenge the law and ask for relief from laws requiring it to offer contracts to certain teachers in exchange for their tenure. Board members said the law is unconstitutional, and its wording unclear. The board said the law “represents yet another thinly veiled attack on public education and educators.”

Phil Berger sent a letter to the Board earlier in the day, saying their action ignoring part of the law was "illegal".

The Board's attorney argues that the law changes teacher salary and status without due process.

Is there a significant law passed by this Tea Bagger legislature that isn't getting challenged in court?


The tea party

Aren't these the folks who claim that they can pick and choose which federal laws they'll honor? And even which parts of the Constitution apply to them and which parts don't?

Aren't they also the ones who run on platforms of stopping wasteful government spending? But then waste taxpayer dollars on defending indefensible unconstitutional laws that they enacted?

That's them, right? Gosh, they seem like hypocrites!

More power to the Guilford school board!

"I will have a priority on building relationships with the minority caucus. I want to put substance behind those campaign speeches." -- Thom Tillis, Nov. 5, 2014

Teachers and due process

Found this site that gives a very clear summary of due process rights and teachers. Heaven forbid that the Tea Baggers in the legislatures would look into legal precedents before passing a new law.

The Due Process Clause of the Fourteenth Amendment, like its counterpart in the Fifth Amendment, provides that no state may "deprive any person of life, liberty, or property, without due process of law." This clause applies to public school districts and provides the minimum procedural requirements that each public school district must satisfy when dismissing a teacher who has attained tenure. Note that in this context, due process does not prescribe the reasons why a teacher may be dismissed, but rather it prescribes the procedures a school must follow to dismiss a teacher. Note also that many state statutory provisions for dismissing a teacher actually exceed the minimum requirements under the Due Process Clause.

The United States Supreme Court case of Cleveland Board of Education v. Loudermill is the leading case involving the question of what process is due under the Constitution. This case provides that a tenured teacher must be given oral or written notice of the dismissal and the charges against him or her, an explanation of the evidence obtained by the employer, and an opportunity for a fair and meaningful hearing.

Maybe they did

look into legal precedents. Many of them are so arrogant that they just don't care.

"Constitution, schmonstitution!" If Crazy Carl Ford and company can ignore the establishment clause of the first amendment, why should any of them pay attention to the due process clause of the fourteenth amendment?

They probably banked on the assumption that folks wouldn't challenge their unconstitutional laws, and that they're well on their way to getting full control of the state courts, and it's expensive to take things to federal court -- but it's also the best hope for getting rid of their dictatorial unconstitutional laws.

"I will have a priority on building relationships with the minority caucus. I want to put substance behind those campaign speeches." -- Thom Tillis, Nov. 5, 2014