I’ve discussed some of the points of the Vergara case in this post: Education Fallacies: Correlation does not equal causation. This month, The California Teachers Association & California Federation of Teachers formally filed their appeal to the ruling in Vergara v.California, which ruled that teacher tenure was unconstitutional in terms of protecting teachers who were not providing quality instruction to students.
The state and teachers unions have launched a frontal attack on the June 2014 ruling, arguing that neither the judge nor the nine student plaintiffs in the well-funded suit presented any evidence that the laws have harmed students or violated their constitutional rights.
In written arguments filed this month with the Second District Court of Appeal in Los Angeles, the California Teachers Association and the California Federation of Teachers said the laws are based on sound policies — tenure protects experienced teachers from arbitrary or politically motivated dismissals, and basing layoffs on seniority is an objective process that promotes educational quality.
But the unions said those policy questions are legally irrelevant, because the students who filed the suit never showed that the laws affected their education. They showed no evidence that they were taught by an incompetent teacher who would have been fired or laid off had it not been for tenure or seniority protections, the unions said.
“Tenure protects experienced teachers from arbitrary or politically motivated dismissals and basing layoffs on seniority is an objective process that promotes educational quality”? There are labor laws in place to protect from arbitrary or politically motivated dismissals. But how can you explain to me that lay offs by seniority “promotes educational quality?” Seniority has zero to do with educational quality. Length of time in a job does not ensure that you are performing at a high level. Evaluations do that.
The ruling in June by Los Angeles County Superior Court Judge Rolf Treu was the first to strike down a teacher tenure law in any state. The appellate court will hear the case late this year or early next year. If its ruling is appealed further, the case could reach the state Supreme Court by the end of 2016.
Treu’s ruling followed an eight-week trial that included testimony by four students, one parent and competing groups of experts. He found that the laws violate the right of students to educational equality and “impose a disproportionate burden on poor and minority students.” The latter finding was based on a 2007 state report that found that students at “high-poverty, low-performing schools” were more likely than others to be taught by inexperienced and unqualified teachers.
We’ll see what the appellate review says of this case.