This seems unusual for a state like California which is, essentially, run by unions but a Los Angeles Superior Court Judge has ruled that California’s teacher tenure laws “deprive students of their constitutional right to an education” and are, therefore, unconstitutional.
via the New York Times:
“Substantial evidence presented makes it clear to this court that the challenged statutes disproportionately affect poor and/or minority students,” Judge Rolf M. Treu wrote in the ruling. “The evidence is compelling. Indeed, it shocks the conscience.”
The ruling, which declared the laws governing how teachers are hired and fired in California to be unconstitutional, is likely to set off a slew of legal fights here and in other states, where many education reform advocates are eager to change similar laws. The ruling brings a close to the first chapter of the case, Vergara v. California, but both sides have made it clear that they plan to appeal any decision that goes against them to the State Supreme Court.
The plaintiffs argued that California’s current laws made it impossible to get rid of low-performing and incompetent teachers, who were disproportionately assigned to schools filled with poor students. The result, they insisted, amounted to a violation of students’ constitutional rights to an education.
Of course, the teachers’ unions won’t take a ruling like this lying down.
In fact, it is expected the legal fight will continue to the U.S. Supreme Court as the fight spreads to other states.
