The California Teachers Association is the most powerful special interest in California. They often run ads touting how much they care about education and our students, while at the same time steadfastly defending laws that make it virtually impossible to fire grossly ineffective teachers who can have a devastating impact on the education of students. Yesterday a judge in Los Angeles exposed this hypocrisy by ruling that CTA-backed laws protecting ineffective teachers are illegal because they deprive our children of a quality education.
The judge found:
“Evidence has been elicited in this trial of the specific effect of grossly ineffective teachers on students. The evidence is compelling. Indeed, it shocks the conscience…There is also no dispute that there are a significant number of ineffective teachers currently active in California classrooms…The number of grossly ineffective teachers has a direct, real, appreciable, and negative impact on a significant number of California students, now and well into the future for as long as said teachers hold their positions.”
“This Court…finds that based on…the evidence presented at trial, Plaintiffs have proven, by a preponderance of the evidence, that the challenged statutes impose a real and appreciable impact on students’ fundamental right to equality of education and that they impose a disproportionate burden on poor and minority students.”
The CTA and their allies set up this system, profit by it, and will fight to keep it this way. But this landmark court case, Vergara vs. the State of California, has been a long time coming. The interests of students are finally being heard.
Vergara claimed that three current statutes violate the civil right to equal education. The first challenge regarded tenure, which requires an administrator’s decision after only 16 months, which the plaintiffs argued is far too short a period of time in which to identify an ineffective teacher. The second concerned dismissal practices, which are costly and time consuming, making it impractical to fire a teacher. The third challenge was to the “last-in, first-out” layoff rules, which force school districts to fire top teachers and retain ineffective ones.
This ruling, which will be appealed by the CTA (of course – why would they put the education of students before the interests of grossly ineffective teachers), is far reaching.
In a mesmerizing 56 minute closing argument, plaintiff attorney Marcellus McRae dissected the objections of the defense. As he repeatedly cited, it was the witnesses for the defense who, withering under cross-examination, provided some of the most compelling testimony. Again and again they admitted that yes, it is impossible to evaluate a teacher for tenure in only 16 months, yes, it is for all practical purposes impossible to fire ineffective teachers, and yes, LIFO layoff rules cause districts to lose some of their finest teachers, while retaining many who are ineffective.
McRae’s argument concerning the disproportionate harm these rules cause low-income and minority communities was impossible to refute. Good teachers accept new job offers and migrate to better schools while poor teachers take advantage of their tenure to remain in place. Vacancies are then filled by poor teachers getting transferred out of good schools because they can’t be dismissed. The few good new teachers who are attracted to poor schools are lost whenever there’s a layoff.
The judge agreed.
In their official response the CTA made this accusation, “Students Matter is supported by Michelle Rhee and Students First, Parent Revolution Executive Director Ben Austin, Billionaire and school privatizer Eli Broad, former lawmaker Gloria Romero, and other corporate education reformers with an interest in privatizing public education and attacking teachers’ unions.” But their logic doesn’t hold up.
If anything, the abolition of current laws that protect ineffective public school teachers will not further the agenda of private education special interests, but rather help to rescue public education. A Machiavellian strategy to push private educational solutions would be to allow the public school system to fail completely. If proponents of private education and charter schools are supporting Vergara, it’s because it’s the right thing to do for California’s students.
The coalition that opposed the Vergara plaintiffs was obvious – the public employee unions representing teachers. Apart from sharing a conviction that California’s students deserve better, the group supporting Vergara defies simple characterization. That they have coalesced on this issue, and are likely destined to fundamentally improve the rules governing California’s public schools, should be cause for great hope to anyone who wants to reform California’s public institutions. All of them.
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Mark Bucher is the president of the California Policy Center