A major class - action settlement that gives LAUSD
teachers layoff protection at several dozen schools in high - poverty areas has been invalidated by the California 2nd District Court of Appeal.
A settlement reached in October 2010 granted 45 L.A. Unified «Reed» schools»
teachers layoff protections.
Not exact matches
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.)
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 papers filed with the U.S. Court of Appeals for the Seventh Circuit, the
teachers claimed that the
layoff clause in their contract violated their equal -
protection and due - process rights under the 14th Amendment and their right to
protection from racial discrimination under Title VII of the Civil Rights Act of 1964 and Sections 1981 and 1983 of the Civil Rights Act of 1871.
She predicted that now that
layoff protections aren't needed,
teachers will defect from the Priority Schools.
In a landmark decision, a Superior Court judge ruled that Priority Schools qualified for
protection, along with
teachers in areas of shortage, under the
teacher layoff statute because Priority Schools
teachers received specialized training.
When a California judge earlier last week struck down
teacher tenure
protections, his reasoning was that poor students were being harmed when bad
teachers with seniority were retained while younger, better
teachers were either not hired or let go in
layoffs.
In an unusual request, the state Department of Education last week sent a short survey to every district and charter school asking them about their
layoffs of
teachers technically called «reductions in force» (RIFs) over the past five years, and about the impact of seniority
protection on their «ability to manage their personnel.»
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.
Translation: Decisions about who gets a raise, a wanted transfer or
protection from
layoff will continue to be based mostly on how many and what kinds of college credits
teachers earn, and on that old union standby, seniority.
-- Proactive retention: Policymakers are advised to grant absolute
protection during
layoffs to excellent
teachers, advanced roles for
teachers should be established to allow for advancement in the profession, and tenure should be transformed to «elite tenure, offered only to consistent top performers who can then be empowered to choose their peers.»
The approved settlement targets schools for
protection from
layoffs and defines those targeted schools as the 25 ranked in the bottom 30 percent by Academic Performance Index (API) score, high
teacher turnover rates, and other determining criteria.
A bill before the Legislature would use the ratings as a major factor in determining which
teachers receive or lose lifetime tenure
protections and who would be the first to go in the case of
layoffs.
A Los Angeles County Superior Court judge ruled in favor of the plaintiffs in 2014, finding that five long - standing
teacher job
protections, including a two - year probationary period for new
teachers and a
layoff system based on how many years one's been teaching, violated students» constitutional right to an equal education.
In part, the new law removed
protection for tenured
teachers during
layoffs.
This past April, the California Court of Appeals unanimously struck down the controversial Vergara v. California decision, in which a Los Angeles County Superior Court judge ruled that five longstanding
teacher protections — including a two - year probationary period for new
teachers and a
layoff system based on how many years one's been teaching — violated students» constitutional right to an equal education.