Teacher tenure law found unconstitutional (California)

Little-Acorn

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Jun 20, 2006
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Interesting.

Tenure is, of course, the main means that bad teachers use to keep doing a poor job without consequence.

And now it's minorities who are pointing out that this is rough on students?

I guess they were able to prove that it happens even more in minority-dominated schools, than in mixed schools.

Good for them!

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California teacher tenure law unconstitutional | UTSanDiego.com

California teacher tenure law unconstitutional

By LINDA DEUTSCH AP Special Correspondent2:45 a.m.June 10, 2014

LOS ANGELES (AP) — Tenure and other job protections for California's public school teachers were ruled unconstitutional Tuesday by a judge presiding in a lawsuit brought by nine students.

Los Angeles County Superior Court Judge Rolf Treu cited the historic case of Brown v. Board of Education in ruling that all students are entitled to equal education and said the current situation discriminates against minority and low-income students in placing ineffective teachers in their schools.

"Plaintiffs claim that the challenged statutes result in grossly ineffective teachers obtaining and retaining permanent employment, and that these teachers are disproportionately situated in schools serving predominantly low-income and minority students," the decision said.

The judge said the plaintiffs' equal-protection claims validly stated that the statutes violated their fundamental rights to equality of education.

"This court finds that plaintiffs have met their burden of proof on all issues presented," he wrote. At another point in the decision, he wrote that "there is also no dispute that there are a significant number of grossly ineffective teachers currently active in California classrooms."

The ruling could have national implications because other states tackling the issue are also paying close attention to how the ruling plays out in the nation's most populous state.

"It's powerful," said Theodore Boutrous Jr., the plaintiffs' attorney who presented the case in court. "It's a landmark decision that can change the face of education in California and nationally."

Courts around the country will look at their own statutes to see how they can be changed, he said. "This is going to be a huge template for what's wrong with education. It will impact the national education referendum going on right now," Boutrous said.
 
Well that is an interesting decision and argument. I'll be curious to follow this one.
 
An obvious similarity as tenure means teachers have a job for life, but only after a short period in which they can't screw up and risk not attaining it, whereas justices are 'tenured' the instant they're appointed.
 
The idea of tenure is why our schools are ranked near the bottom of the list. When a teacher doesn't fear for his/her job - you get what we have now. A race to the bottom.


Screw 'em. If they don't measure up - fire their worthless, fat asses.
 
That will be an interesting fight, especially since the members of the Supreme Court are appointed, For Life.

The fact that the Supreme Court is appointed for life is completely irrelevant to this case.
Oh I would imagine they will see the irony of it. Unlike you they are smart people.

So because it's totally irrelevant, I'm dumb?

So would their life time appointment's somehow violate equal protection?
 
An obvious similarity as tenure means teachers have a job for life, but only after a short period in which they can't screw up and risk not attaining it, whereas justices are 'tenured' the instant they're appointed.

Similar yes, relevant no.
 
Text of the decision can be found here:
https://www.documentcloud.org/documents/1193670-tenative-vergara-decision.html

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California teacher tenure is struck down: Expect years of appeals*-*Los Angeles Times

California teacher tenure is struck down: Expect years of appeals

By Howard Blume, Stephen Ceasar
June 11, 2014, 12:12 PM

The ruling Tuesday by a Los Angeles County Superior Court judge that struck down job protections for teachers in California as unconstitutional will undoubtedly spawn a series of appeals that could last years before a final outcome is reached.

If the preliminary ruling becomes final and is upheld, the effect will be sweeping across California and possibly the nation. And any effort to change the laws – or restore them – must now survive court scrutiny.

In his ruling Tuesday, Los Angeles County Superior Court Judge Rolf M. Treu said the laws governing job security were unconstitutional because they harmed predominantly low-income, minority students by allowing incompetent instructors to remain in the classroom.

The protections "impose a real and appreciable impact on students' fundamental right to equality of education," he wrote. "The evidence is compelling. Indeed, it shocks the conscience."

“What this continues to do is promote an anti-teacher narrative.”- Joshua Pechthalt, president of the California Federation of Teachers

The 16-page decision ends the process of laying off teachers based solely on when they were hired. It also strips them of extra job safeguards not enjoyed by other school or state employees. And it eliminates the current tenure process, under which instructors are either fired or win strong job security about 18 months after they start teaching.
 
“What this continues to do is promote an anti-teacher narrative.”- Joshua Pechthalt, president of the California Federation of Teachers

The 16-page decision ends the process of laying off teachers based solely on when they were hired. It also strips them of extra job safeguards not enjoyed by other school or state employees. And it eliminates the current tenure process, under which instructors are either fired or win strong job security about 18 months after they start teaching.


"promote an anti-teacher narrative?"

:lol:

Awwwww...You mean there are imperfect teachers???

:eek:


And who the hell else on the planet "win strong job security about 18 months after they start" a job? Hell I wish I had strong job security after 18 YEARS!

What a bunch of whiners.
 
There is no way in hell this decision will be upheld on appeal. This means too much to the powerful teachers' Union and their tentacles reach deep inside the political power structure and the judicial system. They will ultimately get their way.

This is a no-brainer, folks.
 

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