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Vergara v. State of California

Like the lawsuit itself, today’s ruling is deeply flawed. CTA, CFT and the state of California will appeal. We will appeal on behalf of students and educators. Circumventing the legislative process to strip teachers of their professional rights hurts our students and our schools. This lawsuit has nothing to do with what’s best for kids, but was manufactured by a Silicon Valley millionaire and a corporate PR firm to undermine the teaching profession and push their agenda on our schools. Today’s ruling would make it harder to attract and retain quality teachers in our classrooms and ignores all research that shows experience is a key factor in effective teaching. Read the full blog post.


BACKGROUND:

Vergara v. State of California is a meritless lawsuit brought by Students Matter, an organization created by Silicon Valley multimillionaire David Welch and a private public relations firm for the sole purpose of filing this suit. 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. The suit challenges California statutes governing due process in teacher dismissals, using experience as a criteria during school layoffs, and the two-year probationary period for teachers. The suit wrongly alleges those laws are unconstitutional and hurt students. The defendant in the suit is the State of California. CTA and the California Federation of Teachers (CFT) intervened in the case to ensure all stakeholders have input in educational policy decisions and to protect the rights of educators. 

Simply put, this lawsuit highlights the wrong problems, proposes the wrong solutions, and follows the wrong process. This is yet another attempt by the usual corporate special interests to undermine the teaching profession and push their agenda on California public schools and students. Circumventing the legislative process to strip teachers of their due process rights will not improve student learning, will make it harder to attract and retain quality teachers in our classrooms, and ignores all the research that shows experience is a key factor in effective teaching. This is a blatant effort to legislate from the bench, keeping parents and educators out of education policy decisions.  


WHAT YOU NEED TO KNOW:

  • From the beginning, this lawsuit has highlighted the wrong problems, proposed the wrong solutions, and followed the wrong process. This lawsuit was not about helping students, but yet another attempt by millionaires and corporate special interests to undermine the teaching profession and push their agenda on California public schools and students.
  • CTA, CFT and its education partners will appeal today’s disappointing decision, while we continue to proceed with providing all our students a quality education. There is nothing unconstitutional about these laws and the plaintiffs clearly failed to show harm to any student. Testimony and research actually showed that experience enhances teacher effectiveness and increases student productivity at all grade levels, and that all three of the issues in this case contribute to better outcomes for students.  
  • Circumventing the legislative process to strip teachers of their due process rights will not improve student learning, will make it harder to attract and retain quality teachers in our classrooms, and ignores all the research that shows experience is a key factor in effective teaching.
  • California’s probationary law gives a school administrator two years to determine if a teacher is effective or not. During those first two years a teacher can be fired for no reason at all. Prolonging the probationary period would not benefit students, and would have the unintended effect of keeping ineffective new teachers in classrooms longer.
  • California’s experience-based layoff system is fair, objective, and the most efficient way for school districts to deal with the unfortunate circumstance of layoffs due to budget cuts or declining enrollment. Current law already allows districts to consider student needs and other factors when issuing layoffs.  But switching to an “effectiveness”-based system based largely on student standardized test scores, as the plaintiffs advocated would turn what is now a fairly streamlined system into a logistical nightmare.
  • California’s due process in performance-based dismissal cases helps ensure teachers are not fired for speaking out on behalf of students, or for teaching subjects some find controversial. They allow teachers facing dismissal to present their side of a case, and to have their case heard by objective third parties.
  • The legislature is the place for policy decisions like this, not through court cases brought by phony front groups created by PR firms and millionaires. This week in Sacramento, lawmakers are working together to pass a bill that would streamline the dismissal process to keep students safe, while protecting the due process rights of educators. AB 215 was unanimously approved by the state Senate and is expected to be approved by the Assembly and signed by the governor. The bill prioritizes, updates and streamlines the teacher discipline and dismissal process.

LATEST NEWS

06.25.14   Erwin Chemerinsky: Scapegoating California teachers | Orange County Register

06.24.14   New Report Discredits Key Vergara Plaintff Expert | National Education Policy Center

06.22.14   Viewpoints: Eliminating teacher tenure will not improve public education | The Sacramento Bee

06.21.14   Attacking teachers’ professional rights hurts schools | San Diego Union Tribune

06.20.14   Vergara: An attack on teachers, schools, students | Capitol Weekly

06.16.14   Bizarre ruling on tenure: Opposing view | fdlreporter.com

06.15.14   Newsmaker Interview: SF Teachers Union Reacts To Tenure Ruling | CBS Local News

06.13.14   Taking On Teacher Tenure Backfires | The New York Times

06.12.14   The guesstimate that struck down California’s teacher tenure laws. | Slate

06.12.14   Teacher tenure case: Another sign the judge's ruling deserves an F | The Los Angeles Times

06.12.14   Why The California Tenure Decision Is Wrong and Will Hurt Disadvantaged Students | The American Prospect

06.12.14   Fuzzy Math: The guesstimate that struck down California’s teacher tenure laws | Slate

06.11.14   Why that ruling against teacher tenure won't help your schoolchildren | The Los Angeles Times

06.11.14   Vergara Decision Is Latest Attempt to Blame Teachers and Weaken Public Education | Huffington Post

06.11.14   Judge Finds California Teacher Tenure Laws Unconstitutional | KQED radio

06.11.14   Graduating Oakland student leaves legacy of landmark tenure ruling | CBS Local News

06.10.14   Making it easier to fire teachers won't get you better ones | Op-Ed

06.10.14   Blockbuster tenure ruling left a few things out | sfgate.com

04.04.14   Guest commentary: Teachers' working conditions are students' learning conditions | Contra Costa Times

03.26.14   Weeks of Testimony Demonstrate Empty Premises of ‘Vergara v. State of California’ Suit as Closing Arguments Wrap Up Trial | CTA Press Release

03.20.14   Vergara trial: Stanford education reseacher defends California teacher dismissal system | 89.3 KPCC

03.16.14   Vergara v. California: The most dangerous lawsuit you probably haven't heard of | Daily KOS

03.14.14   Teachers refute ‘ineffective’ charges by Vergara witnesses | LA School Report

03.12.14   Vergara v California: Painting teachers unions as the bad guys | Political Carnival

03.12.14   Ex-district chief tells Vergara court teacher laws don’t interfere | LA School Report

03.12.14   Mark Takano: Our kids deserve much better | OC Register

03.11.14   Post navigation 3 defense witnesses tell Vergara court collaboration works | LA School Report

03.06.14   Teacher Tenure Case Now Turns To Defense | Crooks and Liars

03.05.14   In Vergara, witness says districts can overcome ineffective teachers | LA School Report

03.05.14   Students' lawsuit targets Calif. teacher-tenure laws | CBS News

03.05.14   Former superintendent backs tenure, layoff laws as defense opens in ‘Vergara’ lawsuit | EdSource

  More news |

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