In the Vergara case, bankrolled by Silicon Valley elites, a state judge effectively invalidated California's
teacher tenure rule as violating the civil rights of poor students, who can not have bad teachers jettisoned from their classrooms.
New York and California's
teacher tenure rules are broadly similar, with some important differences.
The standards were supposed to be in effect this school year under a 2011 Republican - backed law that revised
teacher tenure rules.
After all, the concerns that handed former governor Arnold Schwarzeneggar's first major defeat — the slew of propositions that would have addressed pension reform, budget reform,
teacher tenure rules and other issues that would have kept our state on an even economic keel — were thrown asunder by the public sector unions who now OWN this state.
As the education world continues to reverberate from the Vegera vs. California
teacher tenure ruling, Eric Westervelt at NPR reports that some teachers in California are recognizing that tenure needs to be reformed, but they want to fix it, not nix it.
As states change
their teacher tenure rules, they must take care not to revoke rights they have previously granted.
Not exact matches
Chicago
Teachers Union president Karen Lewis called the idea of a quota «morally repugnant,» especially with a federal judge ruling last month that CPS's recent firing of hundreds of tenured teachers was mis
Teachers Union president Karen Lewis called the idea of a quota «morally repugnant,» especially with a federal judge
ruling last month that CPS's recent firing of hundreds of
tenured teachers was mis
teachers was mishandled.
The suits were prompted by a California judge's
ruling in June striking down that state's
teacher tenure laws.
He said Tuesday that he needed to do further research on a court
ruling in California that struck down
teacher tenure laws there, but he was cautiously supportive.
In a precedent - setting decision, a Staten Island judge
ruled last week that the Department of Education took illegal shortcuts in firing a
tenured teacher.
Opponents of New York State's
teacher tenure laws won a small but important victory when a Staten Island judge allowed a lawsuit challenging the constitutionality of those
rules to move forward.
After last week's Vergara v. California
ruling, New York's
teachers unions and education reform groups are preparing to battle over expected legal action seeking to change the state's
tenure laws.
They include stricter
teacher evaluations, tougher
tenure rules and expansion of charter schools.
Even before a California court
ruling on
teacher tenure rocked the education world last week, a group of Buffalo parents were talking about a similar lawsuit.
In other words, a lawsuit similar to Vergara's could be a vehicle to implement sweeping change to
teacher rules and protections beyond
tenure, significantly weakening the power of local unions.
Education reform groups like StudentsFirstNY and the New
Teacher Project say a lawsuit against New York State inspired by the Vergara case could change local
tenure laws and present a long - awaited opportunity to legally assess long - term sticking points with the unions, such as merit pay and seniority
rules.
Valesky says the education reform proposals, which include tougher
teacher evaluation
rules and changes in
tenure, could be handled after the budget is approved, which is supposed to happen by April 1.
Cuomo has suggested $ 1.1 billion in additional education spending — but only if lawmakers agree to implement tougher
tenure rules,
teacher evaluations more reliant on student test performance and the authorization of more charter schools.
The UFT is appealing a state judge's
ruling that allowed a lawsuit challenging the constitutionality of
teacher tenure and seniority rights to proceed.
Cuomo wants to restructure the state's
teacher evaluation system and weaken
tenure rules in order for districts to receive extra money.
The
teachers union, considered by many to be «the most powerful interest group in the Capitol,» has stepped up its political giving in the wake of Vergara v. California, a landmark court
ruling that could ultimately throw out California's
teacher tenure system.
The
rule's exceptions, who are exempt from the overtime provisions regardless of how much they earn, include numerous employees of higher educational institutions, including
teachers (from graduate assistants through
tenured professors), coaches, and graduate and undergraduate students — but not postdocs.
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.
The U.S. Court of Appeals for the Fifth Circuit has
ruled that a school district's failure to provide
tenured public - school
teachers with a hearing prior to dismissal violates the
teachers» due - process rights under the 14th Amendment.
The NCTQ authors write, «State law dictates how often
teachers must be evaluated, when
teachers can earn
tenure, the benefits they'll receive, and even the
rules for firing a
teacher.»
The charters can also operate outside of rigid work
rules and
tenure protection enjoyed by unionized
teachers across the nation.
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.)
First, the argument for eliminating
tenure: As Judge Rolf M. Treu of Los Angeles Superior Court
ruled on Tuesday, any benefit that
tenure provides to
teachers is far outweighed by its costs to children and society by keeping grossly ineffective instructors in the classroom.
They are responsible for everything from
teacher - certification, seat - time, and graduation requirements to
rules on facilities, transportation, and
tenure.
Dean James Ryan comparing the
ruling in Vergara v. California, which stated that the state's strong
teacher tenure laws were unconstitutional, to school finance reform, which said you had to have equal resources in order to have equal educational opportunity.
A bit more than a year ago a California Superior Court,
ruling in Vergara v. California, overturned California statutes guaranteeing due process protections for K - 12
teachers with more than two years experience (so - called «
teacher tenure») and layoff by seniority.
In a resounding victory for
teachers unions, the Second District Court of Appeal in Los Angeles overturned a judge's June 2014
ruling that the state's
tenure and job - security
rules violated the right of students to an equal education.
They defend near - lifetime employment in the form of
tenure and weak
rules on evaluating
teachers and principals that help keep Epps and other so - called educators in their jobs.
The full implementation of Judge Treu's striking down five laws that set
rules for
teacher dismissal, seniority rights and
tenure will likely not take effect for years — or not at all if the state wins on appeal.
In his 2014
ruling, Los Angeles Superior Court Judge Rolf Treu said the
tenure and seniority laws make it prohibitively time - consuming and expensive to remove incompetent
teachers.
In a landmark
ruling, a Los Angeles superior court judge on Tuesday struck down key elements of California's
teacher tenure statutes after finding that the near inability to fire ineffective
teachers disproportionately hurts poor and minority students.
She pointed out that the California
Teachers Association has racked up three wins since spring, with the appellate court's unanimous
ruling to overturn Vergara, the Supreme Court's decision this week to decline to review the case and the thwarting of her own bill that would have made changes to
teacher tenure and dismissal procedures.
A Michigan school district did not violate the rights of a
teacher when it denied her
tenure because of her relationship with a former student, a federal appeals court has
ruled.
Fordham's Mike Petrilli and AEI's Mike McShane discuss the spread of legal challenges to state laws governing
teacher tenure, dismissal, and seniority in the wake of the Vergara v. California
ruling, in which a court struck down California's laws governing
teacher employment as unconstitutional.
Tenure for public school
teachers is increasingly under attack, with the Vergara v. California judge
ruling in June that «both students and
teachers are unfairly, unnecessarily and for no legally cognizable reason... disadvantaged by the current Permanent Employment Statute.»
The high court sided with the district,
ruling that because Colorado law «provides for neither «
tenure» nor «permanent
teachers,»» Denver Public Schools did not violate
teachers» rights.
Last week, an appeals court in California reversed a lower court
ruling in Vergara v. California that had struck down several state laws involving
teacher tenure.
Two years ago, Los Angeles Superior Court Judge Rolf Treu
ruled that
tenure laws were unconstitutional because they made it virtually impossible to fire incompetent
teachers, and that especially hurt students in poor neighborhoods.
Speaking to a downtown meeting of California newspaper publishers, the mayor said he would lobby for changes in state law that would alter the
rules for evaluating
teachers and for granting
tenure to
teachers.
A three - judge appeals court panel overturned the decision,
ruling that the Legislature, not judges, should determine
tenure and other
teacher issues, and the state Supreme Court last year let the appeals
ruling stand.
The Stull, Reed and Vergara lawsuits, all of which have successfully challenged Blob work
rules like
tenure and seniority and fought to get a realistic
teacher evaluation system in place, have seen Republicans and Democrats working together to undo the mess that McLaughlin and his ilk have helped to create.
In addition, John E. Deasy, the superintendent of the Los Angeles Unified School District and «a staunch opponent of
tenure rules and «last in, first out» seniority for
teachers,» testified on the side of the plaintiffs, while also noting, however, that «good administrators don't grant due process rights to ineffective
teachers.»
The Vegara case is the one in which a California judge
ruled, last week, that California's
teacher tenure law was illegal.
The judge
ruled that the
tenure and other job protection laws for
teachers violate the state constitution's guarantee that children receive «basic equality of educational opportunity.»
This week, Maryland provided the latest surprise: Gov. Martin O'Malley, who is seeking union support for reelection, proposed tighter
rules for
teachers to qualify for
tenure and opened the door to broader use of test scores to evaluate them.