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Starry Messenger

(32,342 posts)
Wed Jun 18, 2014, 12:54 PM Jun 2014

California judge rules teacher tenure unconstitutional

My article on Vergara. Please circulate on your other networks, I don't usually ask, but this is a critical case, as the organization has plans to strip tenure using this model in many other states. All support needed and welcomed.

http://peoplesworld.org/california-judge-rules-teacher-tenure-unconstitutional/


<snip>

Vergara v. California is the latest in a series of court struggles stemming from teacher layoffs that resulted from the $10 billion cuts to education in 2009 demanded by then-Gov. Arnold Schwarzenegger. "Reduction in force" cuts resulted in the loss of more than 2,000 teachers in Los Angeles Unified School District (LAUSD) schools, with some schools, like Markham Middle School, seeing up to a 72% reduction in teaching staff.

The first round of court cases centered around Reed v. California, a class action lawsuit which argued that these layoffs adversely and disproportionately affected schools in disadvantaged neighborhoods. The lawsuit claimed that because of the teachers union's "last in, first out" layoff policy, teachers who wished to stay at these schools were being displaced by older staff with greater seniority rights. In 2011, a judge ruled that student rights to a quality education were affected by this policy, and an exemption was granted to 45 low-performing schools.

However, in 2012, the California Second District Court of Appeal overturned this exemption, stating that the teachers union, United Teachers of Los Angeles, was not given an opportunity to present its side of the case, and that special exemptions violated state education law. The union at this time also stated that there was no evidence that less-experienced staff were the key to improving at-risk schools, and proposed its own reforms to stop layoffs, which included addressing the root issues of high teacher turnover and hurdles to student success.

Little mention at the time was made of the fact that several of the schools, including Markham, which had seen draconian layoffs due to budget cuts, were also part of an earlier education reform project, under the umbrella of Partnership for Los Angeles Schools, spearheaded by Los Angeles Mayor Antonio Villaraigosa. Under the partnership, in 2008, 11 LAUSD public schools were placed in a "turnaround" system, where all existing veteran school staff were fired and told to reapply for their jobs.

That late-year turnaround resulted in a younger staff (generally also lower paid) with little experience being brought in to staff the schools, who, in turn, were then let go when the wave of layoffs hit. A revolving door of substitute teachers protected from seniority-based layoffs were then cycled through the schools to teach classes, heightening the instability for students. The narrative that younger, more competent teachers were being let go in favor of older and less competent teaching staff entered the media reports on Reed, with blame going to the tenure system.

<snip>


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Jefferson23

(30,099 posts)
1. OMFG, this is horrible.
Wed Jun 18, 2014, 01:08 PM
Jun 2014

Ct they have been spreading the word: NEA President: California ruling allows corporate interests to trump students’ needs
Deeply flawed verdict goes against research proven to enhance teacher effectiveness.
http://www.nea.org/home/59351.htm


K&R

Starry Messenger

(32,342 posts)
3. I'll post in education, I wanted to post here first.
Wed Jun 18, 2014, 01:18 PM
Jun 2014

I'm not posting in GD at the moment, but perhaps later. I'm going to have to do some stuff today and don't have time to monitor a big forum thread.

This happened Jun 10th, so it's not LBN anymore. This is more of an analysis piece at this point, I think.

Thank you for reading! <3

 

Doctor_J

(36,392 posts)
5. So basically teachers can be fired for, say, teaching evolution, if the local board consists
Wed Jun 18, 2014, 03:06 PM
Jun 2014

of a majority of fundies. The tenure concept was instituted to prevent this (called academic freedom) and tenure being revoked will result in political and religious witch-hunts

Starry Messenger

(32,342 posts)
6. Fired for anything, really.
Wed Jun 18, 2014, 03:13 PM
Jun 2014

It will basically mean at-will employment, no due process. Of course, I'm sure the expensive, older and/or politically astute teachers will be the first to go.

yallerdawg

(16,104 posts)
7. Each school is like the Principal's little fiefdom of hiring and firing without tenure conditions.
Wed Jun 18, 2014, 10:48 PM
Jun 2014

Just as you say, it will be employment at-will like a retail shop, rather than a member of a highly educated, dedicated professional field.

"Teaching" will devolve to hourly employees reciting rote memorization to pre-incarceration inmates K-12 to pass endless level testing at the lowest possible budget.

The 'elites' will have private school, magnet school, and of course, charter school. The children may be better incentivized to behave, so the "best" teachers will compete for these teaching positions.

The Republicans will tell us, "We can't afford any other way."

TBF

(32,106 posts)
8. It's infuriating to see this -
Thu Jun 19, 2014, 08:44 AM
Jun 2014

they will pump up public support by crying "but we have to be able to fire the "bad" teachers". And of course there are always a few here or there who really should retire (my daughter had one a few years ago) - but by and large the profession has so many talented folks who deserve tenure, stability, and respect. Of course once they gut it then there will be mass layoffs across the board (older & younger) as they pretend they can't "afford" professional teachers. I predict replacement with "cost saving" proctors/technology.

As both of you indicated the only actual teaching will be in magnet and private schools for the wealthy.

Starry Messenger

(32,342 posts)
9. I've been reading the media reactions for my next story on this, and I'm about to barf.
Thu Jun 19, 2014, 01:32 PM
Jun 2014

Arne Duncan had better hope he never gets stuck in an elevator with me, because we will have words.

Tons of comments like, well, teaching should be like the private sector, you should just be able to get fired.

The private sector here in Silicon Valley is riddled with nepotism, so if that's what people want, that's whats coming. That and sad little mall McSchools for poor children that are corporate franchises.

Fucking pitiful.

TBF

(32,106 posts)
10. People are sitting in their cubes or
Thu Jun 19, 2014, 09:49 PM
Jun 2014

at home because they make $7.50 working part-time only and they are jealous. The stations like FAUX news flame this type of thing at every opportunity. Of course you'll never hear about CEO's making multi-millions and being paid to leave companies when they fail. The media spends a great deal of it's time pitting average people against each other. It is what the owners prefer so we don't tune in to the fact that they are robbing this country blind. I really don't know what it's going to take for things to change.

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