Excerpts from California teacher tenure ruling

  • Associated Press
  • June 10, 2014 - 5:20 PM

LOS ANGELES — Excerpts from Los Angeles County Superior Court Judge Rolf Treu's ruling Tuesday that five California laws governing teacher tenure, layoffs and dismissals are unconstitutional:


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. All sides also agree that grossly ineffective teachers substantially undermine the ability of that child to succeed in school. Evidence has been elicited in this trial of the specific effect of grossly ineffective teachers on students. The evidence is compelling. Indeed, it shocks the conscience .... . There is also no dispute that there are a significant number of grossly ineffective teachers currently active in California classrooms.


Plaintiffs have proven, by a preponderance of the evidence, that the challenged statutes impose a real and appreciable impact on students' fundamental right to equality of education and that they impose a disproportionate burden on poor and minority students.


(T)he Permanent Employment Statute does not provide nearly enough time for an informed decision to be made regarding the decision of tenure (critical for both students and teachers.) As a result, teachers are being re-elected who would not have been had more time been provided for the process .... This court finds that both students and teachers are unfairly, unnecessarily and for no legally cognizable reason (let alone a compelling one), disadvantaged by the current Permanent Employment Statute.

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