A California judge has ruled 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.
In the ruling, Judge Treu agreed with the plaintiffs’ argument that:
- current laws make it impossible to get rid of the system’s numerous low-performing and incompetent teachers;
- seniority rules requiring the newest teachers to be laid off first were harmful;
- granting tenure to teachers after only two years on the job was farcical, offering far too little time for a fair assessment of their skills; and
- the least effective teachers are disproportionately assigned to schools filled with low-income and minority students.
The judge determined the situation violates those students’ constitutional right to an equal education.
U.S. Secretary of Education Arne Duncan released a statement, saying, “My hope is that today’s decision moves from the courtroom toward a collaborative process in California that is fair, thoughtful, practical and swift. Every state, every school district needs to have that kind of conversation.”
The court has ordered a stay of the decision, pending an appeal by the state and the teachers union.
Read more in The New York Times.