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NEA on NCEA vs STATE decision

Lily Eskelsen García: It has been a great week for students across the country


WASHINGTON - April 15, 2016 -

The North Carolina Supreme Court today released its decision in the NCEA vs STATE case, affirming educators’ rights to due process.

The following can be attributed to National Education Association President Lily Eskelsen García.

“It has been a great week for schools, educators and most importantly, students across the country.

“Yesterday the California Court of Appeal in Los Angeles reversed the lower court’s decision Vergara v. State of California, and reaffirmed that California’s system for attracting and retaining quality teachers is consistent with the state constitution. And today, the North Carolina Supreme Court unanimously concluded that repeal of the Career Status Law unlawfully infringes upon the contract rights of those teachers who had already achieved career status.

“Due process policies such as tenure don’t prevent bad teachers from being fired; they prevent good teachers from being fired for bad reasons. They allow teachers to advocate for their students without fear that they will be punished for doing so. They help to attract and retain quality teachers in every classroom, protect effective teachers from arbitrary discrimination, and promote teachers’ professional judgements and academic freedom—all of which contribute to student success.

“Unfortunately similar lawsuits across the country will continue to be a divisive distraction from the real work that’s needed to improve student success. Earlier this week one was filed in Minnesota challenging the constitutionality of the state’s due process laws for teachers. This lawsuit, and others like it, does nothing to help students.

“Every student deserves a high quality teacher in his or her classroom and we must do all we can to attract and retain the best. North Carolina and California's courts decisions allow us to get back to what's important: Working on real education solutions to ensure all students succeed.”

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The National Education Association is the nation’s largest professional employee organization, representing nearly 3 million elementary and secondary teachers, higher education faculty, education support professionals, school administrators, retired educators and students preparing to become teachers.

CONTACT: Celeste Busser
(202) 822-7823, cfbusser@nea.org