Friday, February 21, 2014

Vergara V. California



Opponents of the teacher tenure laws have taken to a new tactic. Instead of trying to adopt new laws via the legislative process, the battle is now being moved to the courtroom. Fifteen year old Beatriz Vergara is one of nine students who have filed a lawsuit that would challenge the employment protections currently afforded teacher in California. The outcome of this case could have nationwide implications. Verger gave courtroom testimony in which she stated that “three of her teachers in middle school failed to teach or discipline students properly.” While teacher quality has been a hot button issue in recent years, using students as pawns to change the ways teachers are dismissed represent a new wrinkle. The fact that such a suit was allowed to proceed got the courtroom tells us that there will be significant repercussions whatever the outcome. If successful, other states, like Wisconsin and New Jersey, may also take a new look at how teacher performance impacts student achievement.
According to a recent article in the Wall Street Journal, much of the funding for the suit is being provided by entrepreneur, David Welch, who is the founder of the Students Matter a non-profit advocacy group.  One of the items at issue how teacher seniority impacts layoffs, and how the best teachers, who don’t have the security of tenure, get laid off first. At the present time there are 20 states that require teacher performance evidence to be considered in tenure decisions.
In the Vergara case, Governor Jerry Brown and the state Board of Education are the defendants. I hope that this information will help readers to keep a “heads up” on the outcome of this case and to monitor what happens in your own state.

c.2014  J. Margolis

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