GUILFORD COUNTY, N.C. -- Guilford County Schools is going after the state's mandate to require teachers relinquish their vested tenure rights.
The Guilford County Board of Education, GCS Superintendent Maurice Green, and the Durham Public Schools Board of Education filed a lawsuit Monday in Guilford County Superior Court.
The lawsuit seeks to declare the state legislature's retroactive invalidation of contractual teacher tenure rights granted by school boards as unconstitutional. The lawsuit also seeks not just temporary but permanent relief from the mandate requiring school boards to ask 25% of teachers to relinquish their tenure rights by June 30, 2014. The move would secure teachers to a four year contract with a potential bonus of $500 per year.
According to a news release by the school district the mandate puts the "Boards and Superintendent into an untenable position in which they either: (1) implement the Act, but violate the North Carolina and United States Constitutions and face exposure to the threat of litigation; or (2) refuse to implement the Act, but face potential criminal prosecution."
The lawsuit also reveals the legislation is so vague it leaves the Boards and Superintendent to guess its meaning and apply it.
Maurice 'Mo' Green stated in the news release "It is important to raise and to seek to resolve significant questions about the constitutionality of the legislation for the educators who are called upon to teach all of our wonderful, intelligent and talented children."