California Judge Strikes Down California Tenure Rules As Denying Quality Education To Poor and Disadvantaged Children

There is an interesting ruling in California where Los Angeles County Judge Rolf Treu has issued a decision that is a condemnation of teacher tenure. Treu found that the tenure laws violate the right to equal protection guaranteed by the California Constitution because they make it so difficult to remove substandard teachers that students are being denied equality of education. Regardless of whether this novel decision will be upheld on appeal, it is an indictment of tenure rules where school districts have little ability to fire teachers who then end up being moved around to the harm of students. In reviewing the poor teachers and the inability to get rid of them, Treu called the system something that truly “shocks the conscience.” He struck down the tenure rules as unconstitutional, a decision which should face a determined challenge on appeal and one that breaks new ground in the area.

The lawsuit in Vergara v. California was brought on behalf of nine public school students. California gives teachers tenure after two years or less. Only four other states have such a rule — a reflection of the powerful teachers union in the state. Treu found that, once given tenure, it is simply too difficult for the district to get rid of terrible teachers: “The evidence this court heard was that it could take anywhere from two to almost 10 years and cost $50,000 to $450,000 to bring these cases to conclusion.”

The decision is likely to trigger other lawsuits around the country. However, the decision will likely face a serious challenge given cases like Fontana Unified School District v. Burman 45 Ca1.3d 208 (1988) where the Supreme Court held that the Education Code gives a local school district “substantial leeway in determining when to take disciplinary action against a permanent employee and what action to take.”

We previously discussed a case where a teacher stayed at home for seven years on full salary and benefits while his fitness was being reviewed under these rules.

The reactions to the opinion were both predictable and unpredictable. On the predictable side were union leaders who insisted that the judge was hoodwinked and that there is no such problem with the tenure system. Joshua Pechthalt, president of the California Federation of Teachers, is quoted as saying the judge “fell victim to anti-union, anti-teacher rhetoric of one of America’s best corporate law firms.”

However, United States Secretary of Education Arne Duncan gave a rather unexpected response for an administration with very close lies to the teacher unions: “The students who brought this lawsuit are, unfortunately, just nine out of millions of young people in America who are disadvantaged by laws, practices and systems that fail to identify and support our best teachers and match them with our neediest students. Today’s court decision is a mandate to fix these problems.”

The California Teachers Associations is one of the most powerful unions in the world and a reportedly number one on the “Billion Dollar Club” — the top spenders in California politics. Indeed, the CTA spent ($211,849,298) twice as much as the next highest campaign contributor: the California State Council of Service Employees ($107,467,272). It also spent more than the contributions of Chevron, AT&T, and Philip Morris combined.

1. California Teachers Association $ 211,849,298
2. California State Council of Service Employees $ 107,467,272
3. Pharmaceutical Research and Manufacturers of America $ 104,912,997
4. Morongo Band of Mission Indians $ 83,600,438
5. Pechanga Band of Luiseno Indians $ 69,298,909
6. Pacific Gas & Electric Company $ 69,240,759
7. Chevron Corporation $ 66,257,132
8. AT&T Inc. $ 59,619,677
9. Philip Morris USA $ 50,756,360
10. Agua Caliente Band of Cahuilla Indians $ 49,078,448
11. Southern California Edison $ 43,412,031
12. California Hospital Association $ 43,281,456
13. California Chamber of Commerce $ 39,065,861
14. Western States Petroleum Association $ 35,214,325
15. Aera Energy LLC $ 34,671,163
GRAND TOTAL $1,067,726,126