Volume 43, No. 6NCAEN E W S B U L L E T I NN O R T H C A R O L I N A A S S O C I A T I O N O F E D U C A T O R SFebruary 2013

NCAE Wins Lawsuit on Anniversary of Legislature’s “Midnight Session” to End Payroll Deduction

     NCAE was victorious in the legal challenge enacted by the General Assembly that threatened to end payroll deduction of members’ dues. “We are extremely pleased with the court’s decision in this important case, especially the court’s recognition that our members have a constitutional right to express their views on issues important to the education community,” said NCAE President Rodney Ellis. “Standing up for those views is the very reason NCAE initiated the lawsuit.” In January 2012 during a midnight session, legislators passed a law preventing members of NCAE from having their dues deducted automatically from their paychecks. NCAE immediately filed suit on the grounds that the new law was unconstitutional and obtained a temporary restraining order blocking the law. Last May, the Wake County Superior Court found that NCAE was “likely to succeed on the merits” of its claims and issued a preliminary injunction prohibiting the law from being enforced while the case was pending. In December, NCAE filed a motion for

judgment on the pleadings, seeking a final order from the court on the merits of its claim for retaliatory viewpoint discrimination. The court issued its ruling in December on these grounds. The judge in the case, Wake County Court Superior Judge Paul Gessner, held that the dues deduction law was passed in retaliation and violated the Free Speech Clause of the North Carolina Constitution. In essence, the law violated the free speech rights of NCAE and its members for its perceived political viewpoints. Although this ruling brings closure to a year-long process, there is no doubt that the General Assembly’s action was an attempt to silence the Association. It is something we must still contend with if legislators choose to end the payroll deduction process for all employee organizations. That’s why, Ellis stated, it’s important for everyone to be involved in the work of the Association. “There are many issues such as one-year contracts for teachers, proposed merit pay, and voucher plan legislation that legislators will consider during the legislative session. We will work collaboratively with elected officials to ensure fair and equitable treatment for public schools and public school educators. Let’s take advantage of the momentum created by our success in the payroll deduction case to grow our membership so that we can increase our political voice and send a powerful message to lawmakers that education must remain a top priority in this state. “Having this closure allows us to focus on the significant issues facing

public education,” Ellis added. “NCAE stands ready to work constructively with the new administration and legislative leaders to find solutions to the challenges facing our public schools. It is far more constructive for us to have an open and honest dialogue so that we can better understand the concerns of lawmakers and so that they can better understand the realities of the classroom.” To read a copy of the Order Granting the Plantiff’s Motion for Judgment on the Pleadings, click here.

“Let’s take advantage of the momentum created by our success in the payroll deduction case to grow our membership so that we can increase our political voice and send a powerful message to lawmakers that education must remain a top priority in this state.” President Rodney Ellis

Shine the Spotlight on Read Across America Day 2013

Donn the red-and-white stovepipe hats and spread the good news about the importance of reading on Friday, March 1, the day millions of readers will celebrate Read Across America Day. Looking for resources and info to help plan an event? Visit www.nea.org/readacross. And don’t forget to join the Read Across America Fan page and Cause page on Facebook and check out the Read Across America Channel on www.Schooltube.com for videos.

NCAE

President Rodney Ellis

Message From the Vice President

News Bulletin February 20132

Long-time education advocate Ann McColl joins NCAE as General CounselNCAE welcomes Ann McColl as its first ever in-house General Counsel. She brings to the Association a wealth of experience to lead the Advocacy Center and serve as a major contributor on both public policy and legislative efforts. Prior to joining NCAE, McColl worked as the legislative director for the North Carolina State Board of Education and held an adjunct appointment at the UNC-Chapel Hill School of Education. She has also served as legal counsel to the North Carolina School Superintendents Association, and as legal counsel and director of policy for the North Carolina School Boards Association. In her role as General Counsel, McColl will help ensure that the Association provides members the information about laws that will help them better do their jobs, and she will help build coalitions and work with other individuals and groups that share our passion for public education. “In my 20 years of practicing law and being involved in education policy, I’ve never seen a time when it was so important for educators to be part of crafting policy for supporting and implementing effective educational practices,” McColl said. “My experience teaching at UNC-Charlotte for seven years afforded me an opportunity to work with a lot of educators, and that’s when I realized the passion that educators have. Empowering them to be more knowledgeable about the laws that affect them every day has driven me to want to be in this position where I can help them.” McColl said her vision for the continued success of the Advocacy Center focuses on two goals. “One is to provide excellent service to members to address a broad range of questions they may have. I want the Advocacy Center to be the place that they know they can get legal advice and information to help them with employment situations. The other goal is to use the concerns that our members have to assist us with organizing efforts and lobbying efforts at the General Assembly.” A graduate of UNC-Chapel Hill with a degree in political science and the UNC-School of Law, McColl first realized that she was interested in a legal career while working in the nation’s capital. “I had just completed my undergraduate studies and was working for the National Women’s Health Network. I was fascinated at the thought of how I might be able to shape better laws and realized that law school would be the way to accomplish that.” McColl is well known in education and legal circles, and is considered a leading expert on the constitutional history of public education in North Carolina. She is also the author of numerous texts for educators, which have been published in legal updates and scholarly publications. When McColl is not busy working on behalf of members, she enjoys participating in a very unusual activity – hooping.

Using a homemade version of the popular children’s toy, the hula-hoop, she says hooping is a great team builder and a good way to stay physically fit. The hoops are constructed from plumbing tubing and a pipe coupler that can be found at any home improvement store. “I have taught teachers how to make hoops for classroom activities with their students,” she said. “Hooping is perfect in an educational environment because it keeps adults in touch with that feeling children sometimes have of not being able to do something. As adults, I think we sometimes lose sense of that fear of failure. But then there’s really something exciting about when you keep the hoop from falling or learn a trick or two. Initially, most people feel they can’t do it. But, it’s a great life lesson sort of activity that everyone can enjoy.” McColl is a native of Raleigh and proudly shared that she attended some of the same schools as her mother, including Broughton High School. She is the youngest of three children; she has an older brother and sister.

Over the years, NCAE has been a true change agent in the fight for justice and equality for public school educators and students. In his message, Vice President Mark Jewell shares a history lesson on the Association’s role in civil rights and its continuous work to remain the largest and most vocal education advocate in the state.

Message from the Vice President

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News Bulletin February 2013 NCAE 3

Elizabeth Foster’s great working relationship with Superintendent Maurice Green yielded a program at Montlieu Elementary that helps parents as well as their children.

Grant Helps Parents Develop Their Own Learning Community

At Montlieu Elementary Academy of Technology in High Point, learning is taking place among an unlikely group of students – parents. Thanks to funding from an NEA Urban Grant, the parents have developed their own community within the school where they take advantage of professional development opportunities that help them with their children’s educational success. The idea of this parent-learning community can be credited to Elizabeth Foster, president of the Guilford County Association of Educators, who has taught in High Point since arriving in North Carolina. It’s a very special community, she said, and it has a lot of schools with a lot of needs. “One of Guilford County’s superintendents, Maurice ‘Mo’ Green’s strategic goals is reading literacy. While having a conversation with him one day, I asked what GCAE could do to help address this need.” Foster had an interest in reading literacy as well, but also felt that parental involvement was an important tool in helping students succeed. She began brainstorming ways to increase parent participation. After meeting with the Guilford County Schools Parent Academy and the Guilford County Council of PTAs, a survey was developed for parents to find out what

types of professional development opportunities they wanted. “We wanted it to be a situation of the parents telling us what they needed, not us telling them what they needed,” she said. “From the surveys we yielded a variety of professional development topics such as Reading to Your Child, Healthy Relationships, Positive Behavior Support in the Home, and Fair Housing.” What has ending up happening, Foster said, is a great community of parents has emerged; parents who are empowered and who are advocating for their children and their children’s learning. But it goes a step further. While the parents are engaged in professional development sessions, service learning is taking place with the children, who are getting help with reading and literacy skills from a group of students at one of the local middle colleges. “This program has morphed into a learning environment for everyone. We had no idea

things would turn out this way, but it’s amazing!” Foster added that an unexpected but welcomed component of the program is the involvement of members from the neighborhood in the professional development sessions. “Daycare workers from the community heard about the session we were offering on eating healthy and food allergies and wanted to learn more about the topic,” she said. “Their participation brought back a feeling of ‘community’ for the school and the neighborhood. I think a lot of our schools have gotten away from that piece. The atmosphere at Montlieu really feels much different than it has felt in a long, long time. Sometimes things go beyond your expectations!” Some of the ideas that are working well at Montlieu are being shared with principals at other schools who are looking into how they can increase and sustain parental involvement, Foster said. “I’m excited that there is an interest in this concept. The idea is not to keep ownership of something like this but to share. This is what happens when life is given to an idea!” Life is being birthed into a few more ideas that Foster is currently writing grants for – two, as a matter of fact. When fondly referred to as a “grant-writing machine,” she laughed and responded, “things that we really want to do cost money and nobody seems to have any funding. So, you have to be creative, especially when it’s a matter of materials or specific items, which fit well into the criteria of a grant.”

With the return of the General Assembly to Raleigh on January 30, NCAE needs to mobilize its members to influence legislators on key issues effecting educators in North Carolina. Now is the time for each NCAE member to tell his/her personal story about the impact of the loss of career status, the need for a sizable salary increase, concerns over implementation of merit pay, problems with increased class size, and the expansion of vouchers and/or tuition tax credits, etc. NCAE is updating its Legislative Contact Team to provide an avenue for members to

personally lobby their legislators. Constituents like you are often the best lobbyists! This contact can be by e-mail, phone call, as well as through personal visits in your district or in Raleigh. If you personally know a legislator, or would like to develop a relationship with your legislator, the Association NEEDS YOU! We are especially looking for Republicans to work as Legislative Contact Team members and to join the GOP caucus. Interested members should contact Linda Gunter in the NCAE Government Relations Department at Linda.Gunter@ncae.org. The Legislative Contact Team form can be found under the “Advocacy” tab on the NCAE Web site.

Join the Legislative Contact Team & Make a Difference

4 News Bulletin February 2013NCAE

“We as educators talk about how we aren’t treated as professionals, how we don’t make enough money, how we don’t have enough supplies, and how our class sizes are growing, yet there are those who won’t join the Association or get involved,” said Tom Niedziela, a Guilford County member who loves and believes in NCAE. A reading and math impact teacher and Title 1 teacher at McNair Elementary School, Niedziela’s membership has spanned 12 years, ever since he came to work in Guilford County. He was also a member in Virginia, where he taught for four years. “NCAE has the best interests of educators and our students in mind. It represents us in the Legislature, ensures that we have professional growth opportunities, and works to ensure that those who make decisions affecting the profession are held to high standards.” Niedziela, who grew up in the union state of Pennsylvania, was exposed to the Association at an early age. His father was a teacher and a member of the Pennsylvania State Education Association (PSEA) for 38 years. “Dad served

Intro to Association as a Child Created a Leader as an Adultas a local affiliate president for several years and always said that educators need representation; that we need an organization that looks out for our students and us.” Following in his father’s footsteps, Niedziela became a teacher because he loves teaching and learning with students. “Their passion drives me to both challenge them and myself,” he said. It also led him to become an active member in his local. He serves as the Association Rep at McNair Elementary and also is the elementary director on the Guilford County Association of Educators’ (GCAE) Board. Despite cuts to education funding, the lack of a decent salary increase, and not always being treated like a professional, Niedziela said what drives him to remain in the profession is the students. “I left teaching for a few years and worked in the ‘real world’ for a while,” he admits. “But, I returned because I have always been driven to teach and learn. I love what I do. To see that spark in a child’s eyes, or that moment when understanding hits is awesome!”

Niedziela learned about

the power of the Association from

his father, who served as a

leader in Pennsylvania.

DPB Debuts Film Series “Educator Voices”

NCAE is proud to launch Educator Voices, a regular film series in the Daily Political Briefing that will serve as a major part of NCAE's advocacy during the legislative session. In this series, educators from across the state share their personal stories with policy-makers through short video. "NCAE is committed to providing an effective platform for educators to share their voices with policy-makers and budget writers," said NCAE President Rodney Ellis. "NCAE is most effective when educators tell their personal stories to elected leaders, and the Educator Voices series provides an effective medium to share heartfelt accounts of today's classroom, financial hardships, student learning, and other issues facing public education." Ellis, who along with NCAE Vice President Mark Jewell will be filming an Educator Voices installment in the next couple weeks, said the film series will feature a wide array of public educator voices. All Educator Voices segments will be forwarded to Governor Pat McCrory, Lieutenant Governor Dan Forest, and members of the General Assembly. (Most of these policy-makers subscribe to DPB already, but a copy will be sent directly to their offices.) Educator Voices segments that have been broadcast include an interview with a teacher who is a single mom and supports two children while working two jobs. DPB Films also visited with a Durham music teacher as his students performed at a local shopping mall during the holidays. These, and other segments, can be viewed at http://www.youtube.com/NCAEsDPB . If you have ideas for a future Educator Voices interview, contact Brian Lewis at brian.lewis@ncae.org.

*** February is Black History Month ***

NCAENews Bulletin February 2013 5

Sli!ng Into Home Base

As part of the continual process at the NC Department of Public Instruction to make easier the use of data, tracking and

recordkeeping, NCDPI has built a new system for instructional improvement and student information. The system, Home Base, will be accessible to teachers, parents, students, and administrators, and will begin rolling out in 2013-14. So, what will Home Base do for you? For

parents, it will provide the ability to check on grades, assignments, attendance, transcripts, and will house resources and a communication platform to connect with teachers. For students, it will house schedules and agenda, assignments, grades, test scores, and resources. For educators, Home Base will be a one-stop shop for attendance and schedules, gradebooks, student data, learner profiles (including personal education plans and a location to store student work samples), resources for lesson planning and instruction, as well as courses that provide CEU credits. NCAE staff are a part of the Home Base External Stakeholders Advisory Committee, working with DPI staff in the implementation and rollout of Home Base. Later this spring, more details will be available, as will dates for webinars co-hosted by DPI and NCAE regarding the rollout and usage of Home Base. Keep a check on the News Bulletin for details, and for more information, visit www.ncpublicschools.org/homebase/.

If you are injured due to an altercation or incident on school system property, you may qualify for a claim under Workers Comp called Episode of Violence. Under this law (GS 115C-338) you have all your expenses covered, receive full pay if you must take leave, and sick leave will not be charged against you.

Ø You are allowed to view your personnel file at Central

Office. You must call the Human Resources Department and set up an appointment. An HR person will be with you as you go through the file. You may request copies of any document you see in the file. You do not have access to the portion of the file that has your application and references in it. (§ 115C-321) http://www.ncga.state.nc.us/enactedlegislation/statutes/pdf/bychapter/chapter_115c.pdf. If you have questions or concerns, contact the Advocacy Center at www.ASKNCAE.org.

Did You Know?

Continue Your

Membership

by Joining NCRSP

NCAE members thinking about retirement can continue their membership by joining the North Carolina Retired School Personnel (NCRSP), the retired division of NCAE. NCRSP is the only state association dedicated solely to working on behalf of retired educators by protecting benefits offered through the State Health Plan and the State Employees Retirement System. And as a member of NCRSP, you will retain your current membership benefits offered by NCAE and NEA. The dues are very affordable, just $11.10 a month for 10 months! Signing up is easy. Just visit www.ncrsp.org and click the “Join NCRSP” button and you’ll be on your way to joining more than 11,000 of your colleagues who are already members. Have a Facebook account? Click here to like us on Facebook.

Status Changed? Visit the NCAE Web site to Update

Keeping your demographic information updated is easy and will assist NCAE in making sure it has accurate records on its members. Here’s what you need to do:

• Register by visiting the Web site, www.ncae.org • Click the “Member Center” tab or the membership card

icon• Complete the online form (even if you registered prior

to the Web site redesign)• Once the form is complete, return to the main homepage

and click the “Quick Reference” tab and then click “Edit Your Member Information”

• Log in using the username and password you created when you registered on the Member Center site

“Having up-to-date information on our members helps us eliminate errors in our processing of EFT payments and other financial areas, as well as ensures that they are receiving pertinent data being distributed by the Association,” said Tom Herbert, manager of the Business Office. “Please take a few minutes to check your information to make sure it’s correct.”

www.ncae.org

Positions stated in this publication do not necessarily reflect the official position of NCAE unless so identified. The NCAE News Bulletin, a journal of the Association, is published by the North Carolina Association of Educators, 700 S.Salisbury St., Post Office Box Box 27347, Raleigh, NC 27611, 1-800-662-7924.

Linda Powell-Jones, Editor/Designer www.ncae.org

N C A E N E W S B U L L E T I N Follow NCAE eventsand activities on:

6 NCAE News Bulletin February 2013

For

Your

Information

2013 NEA ESP National Conference

The 2013 National NEA ESP Conference will be held March 8-10, at the Louisville Marriott Downtown Hotel in Louisville, KY. Members of the North Carolina ESP Board of Directors, as well as two members selected to attend the Emerging Leaders training, will participate in the conference, which is designed to provide professional development opportunities for participants to help them gain the skills needed to: build stronger locals, build strong

internal and external relationships, organize members, and enhance NEA ESP members’ ability to positively influence student achievement. Sessions to be offered include those on leadership, diversity and social justice. The conference is also where NEA

announces the recipient of the ESP of the Year Award and provides members with additional opportunities for networking at the national level. For more information, visit www.nea.org/grants/31430.htm.

SNCAE/NCAE Regional Professional Learning Days

The Student North Carolina Association of Educators (SNCAE) is hosting regional opportunities for pre-service and in-service educators to come together, grow and learn. Registration is free for SNCAE and NCAE members, and $25 for non-

members. These sessions are being sponsored by the Principal/Administrators Division. Regional Learning Days are scheduled for the following dates and locations:

• February 16 NC A&T State University• February 23 Catawba College• March 2 UNC-Asheville• March 9 Elizabeth City State University• March 16 UNC-Wilmington

Some of the featured topics include “Evaluating with Confidence,” “Evaluation in NC for Pre-service Teachers,” “Reducing Anxiety on Standard 6,” and a track for NBCTs. The deadline to register is ONE WEEK prior to the event. Register online at http://bit.ly.sncaeplds13.

New Medicare Part D Prescription Plan

Effective January 1, 2013, the State Health Plan implemented an Express Scripts Medicare Part D Prescription Plan for all retiree Medicare-eligible members and Medicare-eligible dependents of retirees. The overall pharmacy benefit will remain similar to the enrollee’s current plan and copay levels will remain the same. Members should have received a welcome packet in the mail in December, which included important information about benefits as well as a new prescription drug ID card. Under the plan, members will receive the following new benefits:

• Premium reduction for Medicare primary members with Medicare-eligible dependents

• No member pays the difference for brand medications with a generic available

• Extra help for qualified low-income members• Specialty medications available at any in-network

pharmacy• Extra medication counseling provided by Express

Scripts pharmacists Members may opt out of this plan. If you choose to opt out, your coverage will remain the same as the Traditional Pharmacy Plan, but the benefits above will not apply. For more information, visit the State Health Plan Web site at www.shpnc.org.