LOS ANGELES – A Los Angeles Superior Court judge has created a political earthquake with an anti- union ruling that is sending shock waves throughout California and the nation.
Judge Rolf Treu tentatively ruled Tuesday morning that three long-held teachers union practices – teacher tenure, “last in, first out” layoff policies, and a complicated dismissal process for ineffective educators – are unconstitutional because they “disproportionately affect poor and/or minority students.”
In his 16-page Vergara v. California ruling, Treu noted the teacher employment protections make it extremely difficult for school administrators to fire bad teachers and result in a continual “churning” of ineffective educators throughout the system.
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Treu agreed with the plaintiffs’ assertion that low-performing teachers too often end up in struggling schools that are disproportionately attended by low-income and minority students, thus depriving children of their constitutional right to an adequate public education, SCPR.org reports.
Treu wrote that the evidence “shocks the conscience” and that “there is also no dispute that there are a significant number of grossly ineffective teachers currently active in California classrooms,” according to MercuryNews.com.
According to POLITICO, Treu’s ruling “is preliminary” and that “he will take comments from both sides into account before issuing a final ruling within the next month.”
One union, the California Teachers Association, has promised to appeal the decision, and Treu will let the teacher employment protection laws stay in effect during that process.
The Vergara v. California suit was brought by Students Matter, a pro-reform organization, and litigated by “superstar” attorneys Theodore Boutros Jr. and Theodore Olson.
Boutros hailed the ruling as historic: “This is a monumental day for California’s public education system. By striking down these irrational laws, the court has recognized that all students deserve a quality education.”
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The victory is expected to lead to similar lawsuits across the nation.
“Education reformers and their wealthy backers have said they plan to bring similar lawsuits in other states, asking the courts to strip teachers of job protections their unions have fought ferociously to defend,” POLITICO reports. “Potential targets for lawsuits include Connecticut, Maryland, New Jersey, New Mexico, New York and Oregon.”


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