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
slohrss:
I live in CA, and the Teachers Union is awful here. There was a teacher convicted of feeding his own semen to students on cookies. The TU defended him from firing and demanded he get his pension (when he gets out of jail.) It disgusts me when the union claims to be pro-child. It is pro-union.
When I attended a parent meeting at a Charter school, the announcement that the teachers are not tenured was met with universal applause. I know parents who yanked both their kids out of public school when teachers didn’t show up for a year, and they had subs the entire time. Some kids were held back. The most abusive, worthless teachers cannot get fired, but their length of service gives them higher pay than the truly excellent teachers. I’ve known public school teachers who complained bitterly.
And thank you for pointing out that the Teachers Union is a heavy hitter in Democratic political donations. They buy politicians just the same as any other monied special interest.
“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.””
I am not a lawyer, so perhaps the lawyers here can answer this question.
Doesn’t tenure take away “substantial leeway” in what disciplinary action a school district can take? It takes firing completely off the table.
“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.”
YES! Tenure is the most anti-child outcome of Teacher’s Unions. We have teachers so bad here in my local public school that several just don’t show up. The kids are taught by subs the whole year, and many get held back.
You are right, of course, davidm2575. Equality of educational opportunity does not lead to equality of results.
Nick, On Wisconsin!
Unions might well work where virtually anyone can do the job. Where the job is unchanging over time. Then Seniority/Tenure is the only distinction. That new young kid can do the job just as well.
Does that really apply to Police and Teachers Unions? To unionized government workers of all stripe? Really?
gentlemanguy, The people of Wi. took back their government. It is happening nationwide. The party is over. What led this righteous return to common sense was a deep recession. Public sector was protected by Dems, but the private sector employees took it on the chin. A necessary change was made in Wi. and public unions from across the nation, came to Wi.. They showed just how out of touch they are. A VERY liberal former mayor of Madison, castigated them for using the rhetoric like they were coal miners in the 1920’s. Wi. was the key battle. The people took back their government.
Although I agree that the tenure Statute is a bad law, I disagree with the court’s reasoning. The court somehow found a fundamental right to education in our Constitution. I don’t see it. This ‘equality principle’ being used to manufacture fundamental rights is a real problem. People have a right to educate themselves, but they do not have a right to the same education that everyone else gets.
The LA Times did a continuing investigative series on the LA School District and it’s poor results. A large part of that series was how unions make it impossible to fire bad teachers. It woke a lot of people up in LA, particularly black and Latino parents. Good teachers also applaud this ruling. Unfortunately, their union dues will be used to pay for attorneys to fight something they do not want fought. The public is taking back public education.
The case will not get rid of tenure, it will get rid of tenure that damages the education of minorities.
It is a “tentative decision” under California rules.
At a hearing the losing party can object, and sometimes but not often a judge will change the ruling.
I don’t think this judge will change much of it, if any.
The Court of Appeals has already considered the litigation, twice.
They affirmed two earlier rulings by this judge in this case.
The opinion is well reasoned and just might stand at the first level.
The California Supreme Court may be where things change.
I hope the decision stands.
Shulte: That doesn’t even make sense
Fawkes: You make a case very well said, however, taxpayers are consumers of government services and government employees have financial interests to consider. There is a certain amount of sense in allowing civil servants to bargain collectively. Unfortunately, when management refuses to bargain in good faith,the labor strike is the tool of last resort.
At issue here, tenure for high school teachers, I don’t see a real need for it. Tenure is supposed to protect independent thought and research against punitive measures.
Incidentally, I think if this country ever did away with public schools, it would spell the end of America, certainly our world standing in science. We’d have a splintered society with nearly half the population believing that Jesus shot down all the dinosaurs for our benefit and that angels controlled the weather.
RTC –
This kind of thinking is why getting rid of tenure is so important.
Mr. Fawkes, In Ohio, the State bargained with employees for less money and better health insurance at retirement. Now the retirees are being told the State can’t afford to pay the benefits they were promised. Yeah, those greedy state employees who took less pay to help the State out in slow times.
By the way, union members don’t get excessive benefits. They just get benefits everybody else wants and probably deserve. I don’t know anyone who, if offered union benefits, would turned them down.
I am not sure it will hold up on appeal, but CA does have some decent judges. Right now their Supreme Court is left of center, so who knows. Given the way the decision was written, any court overturning this is looking to spit in the face of the students and parents.
Two years to tenure is ridiculous. California is not the only place where this kind of thing happens. Even the janitors in most school systems have for all practical purposes tenure. It is an aspect of being run by government, which is why we need a school voucher system where parents choose schools and the schools will then learn to manage themselves in a way that best educates children.
I wish the courts would come to a similar conclusion about police unions.
FDR thought there should not be government unions. I agree with that position. Soon there will be too many chiefs and not enough Indians paying taxes. Many of us will receive social security. Many if not most government workers and the politicians have opted out of the social security system and created their own retirement plans.
The founders of the labor movement viewed unions as a vehicle to get workers more of the profits they help create. Government workers, however, don’t generate profits. They merely negotiate for more tax money. When government unions strike, they strike against taxpayers. F.D.R. considered this “unthinkable and intolerable.”
In 1959, Wisconsin began to allow collective bargaining in government. The influx of dues and members quickly changed the union movement’s tune, and collective bargaining in government is now widespread. As a result unions can now insist on laws that serve their interests – at the expense of the common good.
Union contracts make it next to impossible to reward excellent teachers or fire failing ones. Union contracts give government employees gold-plated benefits – at the cost of higher taxes and less spending on other priorities. This needs to end before it sinks the entire ship.
That’s certainly eye-opening. We saw the horrible stats for DC, I wonder what they are in CA.
I hope this continues to make some progress on providing better teachers.
On the lobbying side the dollars spent are astronomical; nearly 212 million.
According to this site
http://www.cde.ca.gov/ds/sd/cb/ceffingertipfacts.asp
There are about 300,000 public school teachers (primary) in the state and six million students.
So about $707.00 per teacher spent toward lobbying.
For this and other reasons it seems California is going to be undone by public officials, elected or employed.