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Calif. judge rules teacher tenure laws unconstitutional

Silicon Valley entrepreneur David Welch financed the organization largely responsible for the court challenge.

Damian Dovarganes/Associated press

Silicon Valley entrepreneur David Welch financed the organization largely responsible for the court challenge.

LOS ANGELES — A California judge ruled Tuesday that teacher tenure laws deprive students of their right to an education under the state constitution.

The decision hands teachers unions a major defeat in a landmark case, one that could radically alter how California teachers are hired and fired and prompt challenges to tenure laws in other states.

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“Substantial evidence presented makes it clear to this court that the challenged statutes disproportionately affect poor and/or minority students,” Judge Rolf M. Treu of Los Angeles Superior Court wrote in the ruling. “The evidence is compelling. Indeed, it shocks the conscience.”

The ruling, which was enthusiastically endorsed by Education Secretary Arne Duncan, brings to a close the first chapter of the case, Vergara v. California, in which a group of student plaintiffs argued that state tenure laws had deprived them of a decent education by leaving bad teachers in place.

The teachers unions said Tuesday that they planned to appeal.

“We believe the judge fell victim to the antiunion, anti-teacher rhetoric and one of American’s finest corporate law firms that set out to scapegoat teachers for the real problems that exist in public education,” said Joshua Pechthalt, the president of the California Federation of Teachers. “There are real problems in our schools, but this decision in no way helps us move the ball forward.”

In the ruling, Treu agreed with the plaintiffs’ argument that California’s laws make it impossible to get rid of the system’s numerous low-performing and incompetent teachers; that seniority rules requiring the newest teachers to be laid off first were harmful; and that granting tenure to teachers after only two years on the job was farcical.

Further, Treu said, the least effective teachers are disproportionately assigned to schools filled with low-income and minority students. The situation violates those students’ constitutional right to an equal education, he determined.

“All sides to this litigation agree that competent teachers are a critical, if not the most important, component of success of a child’s in-school educational experience,” Treu wrote in his ruling. “There is also no dispute that there are a significant number of grossly ineffective teachers currently active in California classrooms.”

But lawyers for the state and teachers unions said that overturning such laws would erode necessary protections that stop school administrators from making unfair personnel decisions. They also argued that the vast majority of teachers in the state’s schools are competent and providing students with all the necessary tools to learn. More important factors than teachers, they argued, are social and economic inequalities as well as the funding levels of public schools.

Observers on both sides expect the case to generate dozens more like it in cities and states around the country. David Welch, a Silicon Valley technology magnate who financed the organization, Students Matter, that is largely responsible for bringing the Vergara case to court has indicated that his group is open to funding other similar legal fights.

Critics of existing rules hailed the decision as a monumental victory and urged lawmakers to make immediate changes to laws. Duncan issued a statement saying the ruling could help millions of students who are hurt by existing teacher tenure laws.

“My hope is that today’s decision moves from the courtroom toward a collaborative process in California that is fair, thoughtful, practical and swift,” Duncan said. “Every state, every school district needs to have that kind of conversation.”

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