California Judge Declares Tenure For Teachers Unconstitutional ... Possible Landmark Case!


Selene

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This Judge states that he was presented with data that shocks the conscience...strong words for a Judge.

It was an 16 page decision and hear is the link in the article apparently vanished. I am going to look elsewhere for it.

This is from Forbes and has a link to the Plaintiffs Power Point presentation:

The case, named Vergara v. California, seeks to strike three labor laws in the state. They are:

  • Tenure – California’s Permanent Employment Statute (or “Tenure Law”) mandates that administrators either grant or deny permanent employment status to teachers after only 18 months. However, the plaintiffs claim that the amount of evaluation time is not sufficient to determine a teacher’s effectiveness in the classroom, as new teachers have yet complete their beginners’ program. L.A. Unified School District (LAUSD) Superintendent John Deasy seconded that assessment when he testified, “There is no way that this is a sufficient amount of time to make such an important decision.”
  • Dismissal Statutes – Once teachers receive tenure, it is nearly impossible to remove them from the classroom for poor performance. State records indicate there are more than 300,000 teachers in California’s public schools. Yet, according to the nonprofit Students Matter, the sponsor of Veagara v. California, over the last 10 years, only 91 tenured teachers have been removed from classrooms. And of those dismissals, just 19 were due to poor performance in the classroom. The process to remove a bad teacher can take up to 10 years and cost millions of dollars in taxpayer funding, noted Deasy.
  • Seniority – California law dictates that school districts must use the “Last In, First Out” Layoff Statute (or LIFO) if it ever has to lay off teachers. When it comes to making their choices, school boards are not allowed to consider a teacher’s effectiveness in the classroom. The Plaintiffs claim school districts are forced to retain ineffective teachers if they have been teaching longer, which diminishes the quality of education that students receive.
  • http://www.forbes.com/sites/jamesmarshallcrotty/2014/03/31/vergara-v-california-lawsuit-targeting-teacher-tenure-could-revolutionize-u-s-public-education-for-better-and-worse/

This is from the NY Times:

LOS ANGELES — A California judge ruled Tuesday that teacher tenure laws deprive students of their right to an education under the state Constitution. The decision hands teachers’ unions a major defeat in a landmark case, one that could radically alter how California teachers are hired and fired and prompt challenges to tenure laws in other states.

“Substantial evidence presented makes it clear to this court that the challenged statutes disproportionately affect poor and/or minority students,” Judge Rolf M. Treu of Los Angeles Superior Court wrote in the ruling. “The evidence is compelling. Indeed, it shocks the conscience.”

The ruling, which was enthusiastically endorsed by Education Secretary Arne Duncan, brings to a close the first chapter of the case, Vergara v. California, in which a group of student plaintiffs argued that state tenure laws had deprived them of a decent education by leaving bad teachers in place.

http://www.nytimes.com/2014/06/11/us/california-teacher-tenure-laws-ruled-unconstitutional.html?emc=edit_na_20140610&nlid=53564225&_r=0

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Hilarious.

"unconstitutional because they infringe on the right of all students to a quality public education" [Washington Post]

Quite.

I haven't read the damn decision yet.

I am interested in seeing how he reasoned from Brown v. Bd. of Ed. [1954].

In NY State, educational neglect only refers to abscenses not achievements like knowing to read, write, do that rithmatic stuff and critically think.

A...

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In the high school that I went to, all of the tenured teachers stood head and shoulders above the rest and the majority of them had Phd's in their respective fields. This changed the year I graduated. The mayor and his cronies were corrupt to the core and essentially stole tens of millions of dollars from the schools. The Mayor's brother had a construction company, and the mayor ordered additions to the school buildings that the schools simply couldn't afford. The schools went deep into debt and decided to lay off something like 80% of the teachers that year.

I don't think that the tenure system itself is what's causing the problem. After all, most college professors in the US are tenured and US higher education is the best in the world. I'm quite certain it's the corrupt local governments.

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US higher education is the best in the world. I'm quite certain it's the corrupt local governments.

Really?

In all the disciplines?

A...

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Yeah Wolf, she is very much an idiot also.

Here are some excerpts from the decision:

Excerpts from Los Angeles County Superior Court Judge Rolf Treu's ruling Tuesday that five California laws governing teacher tenure, layoffs and dismissals are unconstitutional:

———

All sides to this litigation agree that competent teachers are a critical, if not the most important component of success of a child's in-school educational experience. All sides also agree that grossly ineffective teachers substantially undermine the ability of that child to succeed in school. Evidence has been elicited in this trial of the specific effect of grossly ineffective teachers on students. The evidence is compelling. Indeed, it shocks the conscience .... . There is also no dispute that there are a significant number of grossly ineffective teachers currently active in California classrooms.

———

Plaintiffs have proven, by a preponderance of the evidence, that the challenged statutes impose a real and appreciable impact on students' fundamental right to equality of education and that they impose a disproportionate burden on poor and minority students.

———

(T)he Permanent Employment Statute does not provide nearly enough time for an informed decision to be made regarding the decision of tenure (critical for both students and teachers.) As a result, teachers are being re-elected who would not have been had more time been provided for the process .... This court finds that both students and teachers are unfairly, unnecessarily and for no legally cognizable reason (let alone a compelling one), disadvantaged by the current Permanent Employment Statute.

———

There is no question that teachers should be afforded reasonable due process when their dismissals are sought. However, based on the evidence before this court, it finds the current system required by the Dismissal Statutes to be so complex, time-consuming and expensive as to make an effective, efficient yet fair dismissal of a grossly ineffective teacher illusory.

———

The last-hired teacher is the statutorily-mandated first-fired one when lay-offs occur. No matter how gifted the junior teacher, and no matter how grossly ineffective the senior teacher, the junior gifted one, who all parties agree is creating a positive atmosphere for his/her students, is separated from them and a senior grossly ineffective one who all parties agree is harming the students entrusted to her/him is left in place. The result is classroom disruption on two fronts, a lose-lose situation. Contrast this to the junior/efficient teacher remaining and a senior/incompetent teacher being removed, a win-win situation, and the point is clear.

A...

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Here is the school website...

http://public-schools.findthebest.com/l/29718/J-Sterling-Morton-West-High-School

Here is the Wiki on the school:

http://en.wikipedia.org/wiki/J.S._Morton_High_School

On the evening of February 2, a 20-foot-tall (6.1 m) burning cross was found on the athletic field.[23] At a board meeting in March, a citizen identified himself as a member of the Ku Klux Klan, and informed the board that "As an organization we are watching developments ..."[24

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Here is the Wiki on the school:

http://en.wikipedia.org/wiki/J.S._Morton_High_School

On the evening of February 2, a 20-foot-tall (6.1 m) burning cross was found on the athletic field.[23] At a board meeting in March, a citizen identified himself as a member of the Ku Klux Klan, and informed the board that "As an organization we are watching developments ..."[24

The above quote refers to events in 1933.

Ellen

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Here is the Wiki on the school:

http://en.wikipedia.org/wiki/J.S._Morton_High_School

On the evening of February 2, a 20-foot-tall (6.1 m) burning cross was found on the athletic field.[23] At a board meeting in March, a citizen identified himself as a member of the Ku Klux Klan, and informed the board that "As an organization we are watching developments ..."[24

The above quote refers to events in 1933.

Ellen

Kinda why I posted it .... seems that this was pretty much the last significant event that ever happened around the school.

A...

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Here is the Wiki on the school:

http://en.wikipedia.org/wiki/J.S._Morton_High_School

On the evening of February 2, a 20-foot-tall (6.1 m) burning cross was found on the athletic field.[23] At a board meeting in March, a citizen identified himself as a member of the Ku Klux Klan, and informed the board that "As an organization we are watching developments ..."[24

The above quote refers to events in 1933.

Ellen

Kinda why I posted it .... seems that this was pretty much the last significant event that ever happened around the school.

A...

That's because you're on the district 201 page. The page for the school itself is here:

http://en.wikipedia.org/wiki/J._Sterling_Morton_High_School_West

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Here is the Wiki on the school:

http://en.wikipedia.org/wiki/J.S._Morton_High_School

On the evening of February 2, a 20-foot-tall (6.1 m) burning cross was found on the athletic field.[23] At a board meeting in March, a citizen identified himself as a member of the Ku Klux Klan, and informed the board that "As an organization we are watching developments ..."[24

The above quote refers to events in 1933.

Ellen

Kinda why I posted it .... seems that this was pretty much the last significant event that ever happened around the school.

A...

That's because you're on the district 201 page. The page for the school itself is here:

http://en.wikipedia.org/wiki/J._Sterling_Morton_High_School_West

One of the more reprehensible organizations in America:

Rainbow/PUSH became involved, siding with the students.[19] By November 13, the expulsions had been retracted, and all but four students were allowed to return to class (who were allowed to return after their suspensions had ended.[19][20]

A...

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The claim of "80% teacher layoffs" is an absurd fabrication. 65 positions were proposed to be cut. If those 65 were 80% of Morton teachers, then the total teaching staff was 92 -- for an enrollment of 8,300 students (a ratio of 1 teacher for 90 students).

The mayor had nothing to do with it. A bond issue was voted down and there was a cap on taxes.

In 2010 the district was $98 million in debt and running multi-million dollar annual deficits. "Districts across the state and country are experiencing similar budget issues and are being forced to layoff teachers and cut programs... Some after-school activities, such as clubs, would be merged; the French Club, Italian Club and Latino Club could be combined into a single Modern Language Club, for example. Students also would be required to raise more money for their clubs. The district also proposes to eliminate the horticulture class and one science credit. Four coaching positions would be cut from the athletic department." http://articles.chicagotribune.com/2010-03-10/news/ct-x-w-0310-berwyn-cicero-school-cuts-20100310_1_public-hearing-schools-district-s-financial-problems

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One of the more reprehensible organizations in America:

Rainbow/PUSH became involved, siding with the students.[19] By November 13, the expulsions had been retracted, and all but four students were allowed to return to class (who were allowed to return after their suspensions had ended.[19][20]

A...

Lol. I was there for that incident.

What's even worse is that the administration was disrupting class, not the protestors. The protest started at the end of my geometry class around 10 pm, and that's when they told everyone to not go to their next class until further notice. They also put a big barricade around them in the middle of the hallway while the security yelled at them.

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The claim of "80% teacher layoffs" was absurd. 65 positions were proposed to be cut. If those 65 were 80% of Morton teachers, then the total teaching staff was 92 -- for an enrollment of 8,300 students (a ratio of 1 teacher for 90 students).

The mayor had nothing to do with it.

In 2010 the district was $98 million in debt and running multi-million dollar annual deficits. "Districts across the state and country are experiencing similar budget issues and are being forced to layoff teachers and cut programs... Some after-school activities, such as clubs, would be merged; the French Club, Italian Club and Latino Club could be combined into a single Modern Language Club, for example. Students also would be required to raise more money for their clubs. The district also proposes to eliminate the horticulture class and one science credit. Four coaching positions would be cut from the athletic department." http://articles.chicagotribune.com/2010-03-10/news/ct-x-w-0310-berwyn-cicero-school-cuts-20100310_1_public-hearing-schools-district-s-financial-problems

No, 65 full time positions were proposed to be cut, but 80% of the teachers were laid off (at least at Morton West). Not sure how many came back though. Also, the 8300 students figure is incorrect, since the district consists of about 4 schools.

The mayor had nothing to do with it.

In 2010 the district was $98 million in debt and running multi-million dollar annual deficits.

None of what you posted contradicts the fact that the mayor did have something to do with. I was there at the meeting when the city council described the budget situation, and afterward, one of the council members told the group I was with about the mayor and his shenanigans.

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One of the more reprehensible organizations in America:

Rainbow/PUSH became involved, siding with the students.[19] By November 13, the expulsions had been retracted, and all but four students were allowed to return to class (who were allowed to return after their suspensions had ended.[19][20]

A...

Lol. I was there for that incident.

What's even worse is that the administration was disrupting class, not the protestors. The protest started at the end of my geometry class around 10 pm, and that's when they told everyone to not go to their next class until further notice. They also put a big barricade around them in the middle of the hallway while the security yelled at them.

Must have been really courageous of you "rebels" to actually get "yelled at" by "Security" [did they have big flashlights?] and hold your ground.

Geez, we are doomed.

I wouldn't storm a pre-school with this crowd.

A...

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One of the more reprehensible organizations in America:

Rainbow/PUSH became involved, siding with the students.[19] By November 13, the expulsions had been retracted, and all but four students were allowed to return to class (who were allowed to return after their suspensions had ended.[19][20]

A...

Lol. I was there for that incident.

What's even worse is that the administration was disrupting class, not the protestors. The protest started at the end of my geometry class around 10 pm, and that's when they told everyone to not go to their next class until further notice. They also put a big barricade around them in the middle of the hallway while the security yelled at them.

Must have been really courageous of you "rebels" to actually get "yelled at" by "Security" [did they have big flashlights?] and hold your ground.

Geez, we are doomed.

I wouldn't storm a pre-school with this crowd.

A...

I wasn't one of the protestors.

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You're a damn liar and a fool. To the Ignore list.

Yeah... I'm sure you know more about the place I was born and raised in than I do just from doing a 5 minute google search. How silly of me not to submit to Your Omniscience.

Finally, good girl.

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In the high school that I went to, all of the tenured teachers stood head and shoulders above the rest and the majority of them had Phd's in their respective fields. This changed the year I graduated. The mayor and his cronies were corrupt to the core and essentially stole tens of millions of dollars from the schools. The Mayor's brother had a construction company, and the mayor ordered additions to the school buildings that the schools simply couldn't afford. The schools went deep into debt and decided to lay off something like 80% of the teachers that year.

I don't think that the tenure system itself is what's causing the problem. After all, most college professors in the US are tenured and US higher education is the best in the world. I'm quite certain it's the corrupt local governments.

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So a Doctor trained in Canada can immediately open a practice without further qualification or equivalency exams down in the states. A Doctor in the states cannot come do the same in Canada. It isn't because of politics...

People in my own industry of Non destructive testing certified by CGSB can also instantly work in the USA and are highly sought after. Americans with their ASNT certifications? Next to useless. Believe me they for the most part if they did come up here to earn the Canadian tickets fail badly. I've seen it first hand.

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