Teacher Protections Violate Student Rights, Calif. Judge Finds (EdWeek.org - June 11, 2014) EXCERPT: California’s laws governing teacher tenure and dismissal unfairly saddle disadvantaged and minority students with weak teachers, infringing on those students’ right under the state constitution to an equitable education, a state superior court judge ruled June 10. The tentative ruling in the high-profile case strikes down the laws in question. It will be finalized within 30 days, and spells what appears to be a complete victory for the plaintiffs, nine California students and their families. The landmark decision in Vergara v. California says the state’s constitutional guarantee includes having equal access to quality teaching—a step beyond the right to sufficient instructional time and money that rulings in previous equity suits have established. The state’s teachers’ unions, which intervened as defendants in the suit, said they would seek an appeal. Judge Rolf Treu stayed any changes in the state laws until those appeals are settled. Outside legal experts say the outcome of an appeal could go either way. Still, in his ruling, Judge Treu said the plaintiffs had met the burden of proof. “Evidence has been solicited in this trial of the specific effect of grossly ineffective teachers on students,” Treu wrote in the 16-page tentative ruling. “The evidence is compelling. Indeed, it shocks the conscience.” It was not immediately clear whether California’s legislature, fearing additional litigation and the weight of more bad press, might seek to rework the laws in question on its own.
Posted on: Thu, 12 Jun 2014 01:50:13 +0000
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