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Judge Declares Teacher-Tenure Law Unconstitutional
On Friday, May 16, a judge in Wake County ruled that the law that ends career status for all teachers by 2018 is unconstitutional. Judge Robert Hobgood also entered a permanent injunction on the 25% mandate, finding it unconstitutional as well. Six teachers and the North Carolina Association of Educators brought this case against the state.
His decision applies to all teachers in North Carolina who already have tenure, and the injunction should apply statewide. He entered his decision orally on May 16, and a written final order will come later.
Judge Hobgood said the law passed last year violates constitutional rights that protect contracts and prevents governments from taking a person's property.
His decision came about a week after Judge Richard Doughton signed a preliminary injunction in response to the lawsuit filed by Guilford County Schools, Superintendent Maurice “Mo” Green and Durham Public Schools. That injunction meant only the Guilford County and Durham Boards of Education were not required to perform the actions provided in the 25% mandate, pending a final judgment in the case.