Trenton, NJ — A group of Newark parents yesterday filed a formal request to appeal a trial court judge's dismissal earlier this month of their lawsuit challenging the state's «last in, first out»
teacher layoff law.
Not exact matches
Key reforms include fostering more effective charter schools, merit pay for
teachers, more aid to parochial schools and the elimination of stultifying
laws such as «Last in first out» for
teacher layoffs.
«There's a simple test that we're going to apply to anything that he does... any proposal, and it is this: does it repeal the Last In, First Out
law that would allow the city to
layoff teachers based on merit this year?»
ALBANY - Mayor Bloomberg and Gov. Cuomo's war over the
law governing
teacher layoffs went nuclear on Wednesday with verbal bombs dropping from New York City to Albany.
Washington (CNN)- President Barack Obama on Tuesday signed into
law a $ 26 billion measure to help avoid
teacher layoffs - a move Democrats claim is necessary in the wake of state and local government cutbacks.
In a stunning decision, a judge in the California Superior Court has ruled that, because education is a fundamental right of California youth, the
laws governing
teacher tenure,
teacher dismissal and rules for
layoffs are unconstitutional.
And, when
layoffs are required, a final
law requires that decisions can not take into account a
teacher's effectiveness but must be based entirely on seniority.
As Stephen Sawchuk notes, there has been a great deal of debate over whether
teacher layoffs should be based on inverse seniority («last in, first out,» which many union contracts and state
laws require) or based on
teacher effectiveness.
In April, the California Court of Appeal overturned the trial court's ruling in Vergara v. California [i], in which a group of families had challenged the constitutionality of state
laws governing
teacher tenure [ii](California state
law automatically grants tenure to
teachers after sixteen months, provides extra due process protections to
teachers over and above those available to other state workers, and requires schools to use seniority rather than competency in
layoff decisions.)
(California state
law automatically grants tenure to
teachers after sixteen months, provides extra due process protections to
teachers over and above those available to other state workers, and requires schools to use seniority rather than competency in
layoff decisions.)
The suit also challenged the «last hired, first fired»
laws that require districts to follow seniority during
layoffs and dismiss the least - senior
teachers first, with exceptions for those with needed and specialized skills.
View key facts and statistics from the Vergara v. California trial, including information about Plaintiffs» witnesses, the long - term impact of ineffective
teachers and the harm caused by California's permanent employment, dismissal and «last - in, first - out»
layoff laws.
According to the Court, the
laws in question —
laws that govern
teacher tenure, dismissal, and
layoffs — impose substantial harm on California's students by forcing administrators to push passionate, inspiring
teachers out of the school system and keep grossly ineffective
teachers in front of students year after year.
Maine's school boards are being urged to eliminate seniority clauses from
teachers» contracts as the result of a state high - court decision, handed down this summer, that state
law does not protect tenured
teachers at the expense of nontenured
teachers in
layoff decisions.
The plaintiffs — nine students in five California public school districts — argue that five
laws governing
teacher dismissal, tenure, and «last in - first out»
layoff...
Keep great
teachers when budget cuts hit: Eliminate the
law that requires all
teacher layoffs to be based solely on seniority.
When filed by attorneys on behalf of students at three Los Angeles Unified middle schools in 2010, the lawsuit challenged the state
law mandating
teacher layoffs based on seniority.
Villaraigosa also supported the Vergara v. California lawsuit that challenged state
laws regarding
teacher tenure, dismissal, and
layoffs.
Each state sets its own
laws governing
teacher tenure, dismissal and
layoff policies, and the rights the students assert are given under the state constitution, so similar efforts will come in state courts.
In a subsequent post on its website, the union went bonkers, claiming, «Corporate millionaires and special interests have mounted an all - out assault on educators by attempting to do away with
laws protecting
teachers from arbitrary firings, providing transparency in
layoff decisions and supporting due process rights.»
The Wright v. New York case was first filed in 2014, when nine families from across the state brought suit against the State of New York and others, claiming that
teacher tenure, dismissal, and quality - blind
layoff laws deprive New York children of their right to a sound basic education as guaranteed under the New York State Constitution.
The 2010
law requires districts to reimagine their talent - management and educator - support systems by requiring annual performance evaluations, ensuring tenure is earned and not the guarantee of lifetime employment, and ending both seniority - based
layoffs and the forced placement of
teachers into schools where they neither want to be nor fit well.
By state
law, those
layoffs would have been conducted on a last - hired, first - fired basis, meaning most
teachers hired after 2007 in New York City would lose their jobs, no matter how they performed in the classroom.
The defendants lost the case last June when Los Angeles County Superior Court Judge Rolf Treu struck down California's
laws regarding
teacher tenure,
layoffs and dismissals by saying they deny students access to a quality public education.
By state
law, districts must send preliminary
layoff notices for the following school year to
teachers by March 15.
Colorado's debate over the same themes was just as passionate, partly because thousands of
teacher layoffs are on the horizon here, and
teacher effectiveness will be considered before seniority in deciding who gets pink slips once the new
law takes effect in 2014.
Likely on the list is an effort to abolish the state's reverse seniority
law that essentially guarantees that veteran
teachers keep their jobs during
layoffs regardless of their performance at the expense of talented but-less senior colleagues; more money for early childhood education may also be on the table.
Teachers union critics say the tenure and seniority
laws that were hobbled by the June ruling protect longtime educators who are ineffective while more proficient ones with less experience face
layoffs first.
However, a new bill in the Legislature would change the
law to give schools the power to take into account factors besides seniority, such as a
teacher's performance, when making
layoff decisions.
Unlike Torlakson, who has been endorsed by California's two main
teachers unions and the state Democratic Party, Tuck opposes California's generous
teacher tenure system, has challenged the
law that bases
teacher layoffs on seniority and believes strongly that student's standardized test scores should be a factor in
teacher evaluations.
Under California state
law,
teachers with the least experience must be the first to go during budget - based
layoffs, meaning seniority — rather than classroom performance, or a school's needs — dictates who stays and who goes.
Represented by Los Angeles
law firm Gibson, Dunn & Crutcher LLP, the plaintiffs allege
teacher protections such as tenure, seniority rules in
layoffs and other
teacher dismissal statutes disparately keep ineffective
teachers in the classroom in violation of the state constitution's equal protection clause.
We are a team of 11
teachers who met together for four months to thoroughly review the
teacher contract, New York State education
laws, relevant research, recent legislative funding changes and alternative
layoff policies across the country.
The California Supreme Court will decide this summer whether to take up an appeal by nine students in the historic Vergara vs. California case challenging our unusually protective
teacher tenure
laws, as well as a seniority - based
layoff system that often keeps ineffective
teachers in district classrooms while letting more talented but less senior
teachers go.
The case of Vergara v. California seeks to overturn five
laws involving
teacher tenure, dismissals and the last - in, first - out
layoff policies.
Last month, my organization, Students Matter, issued its support of California's AB 934 — a state bill that, though imperfect, honestly attempted to address the grave defaults in the state's
teacher tenure, dismissal and
layoff laws challenged by the student plaintiffs in Vergara v. California.
The lawsuit was filed by nine students in 2012 from different areas in California and challenge five specific state
laws that involve
teacher tenure, dismissal procedures and
layoff laws.
California's employment
laws are considered among the most generous in the country to
teachers, allowing them to be granted permanent employment status after 18 months on the job, for example, and making
layoff decisions based largely on seniority.
Yet to take center stage: Tenure reform and whether state
law should allow
teacher effectiveness to be a factor in
layoffs — a virtual certainty during the next biennium.
The plaintiffs said the school system did not follow
teacher tenure
law in the
layoffs, and that they should have been systematically rehired as schools reopened, either in the Orleans system, in the state Recovery School District or as charters.
Citing the constitutional rights of its public school student plaintiffs, the suit seeks to overturn state
laws that schedule tenure consideration after two years of teaching, dictate the use of seniority when budget cuts force
layoffs, and impose due process rules on
teachers» terminations.
The landmark case in which in which a court found the state's
laws regarding
teacher tenure, firings and
layoffs are unconstitutional has become a litmus test for public officials.
The
law, titled SB7, makes
teacher tenure and
layoffs contingent on student achievement and makes it easier for school districts to dismiss tenured
teachers deemed ineffective based on student performance.
Detroit's
layoffs are not unprecedented, but they could signal a new trend toward mass
layoffs for large school districts unsure of their finances but required by state
laws to notify
teachers of potential dismissals.
State
laws defining
teacher tenure,
layoffs by seniority and dismissal procedures are at stake.
In the past year, a lawsuit challenging state
laws on
teacher tenure, dismissals and
layoffs by seniority has consumed much of the debate over education in California.
Vergara v. State of California, in which a Superior Court judge struck down California's
teacher tenure,
layoff and dismissal
laws, may be headed for a lengthy appeals process.
Via Edweek by Stephen Sawchuck A second lawsuit challenging New York
laws governing
teacher tenure,
layoffs, and dismissals has been filed on behalf of seven schoolchildren in the state.
In part, the new
law removed protection for tenured
teachers during
layoffs.
To make matters worse, New York's
laws also make it illegal for schools to keep their best
teachers when
layoffs become necessary.