California
judge Rolf Treu ruled Tuesday in the Vergara v.California case that California teacher
tenure laws deprive students of their right to an education that is
guaranteed under the state Constitution
and violates their civil rights. The decision is a major defeat for teachers’
unions and will presumably lead to challenges of tenure laws in other states. The ruling overturned five state statutes
giving California teachers firing protections and rights to tenure and
seniority.
The implementation of the ruling has been stayed while under
appeal.
The Sacramento Bee editorial board and Bee columnists Marcos
Breton and Dan Walters, along with their candidate Marc Tucker each applaud the
court ruling. Note what they say in their columns. They applaud this defeat of
the teachers unions, they do not deal with the critical issue of adequate
school funding.
What do the sides agree upon?
It is clear that many students in California receive a
substandard education and that failing schools are concentrated in poor and
minority neighborhoods. The judge cites
the long history of successful law
suites Serrano V. Priest I, II. III, and more that mandated changes in state
funding to provide equal funding. There
is also general agreement that teacher quality is a significant factor in
improving education.
The problem is that the remedy of the corporate
“reformers” and of the court does not resolve the basic issues. It deals with teacher placement, tenure, and
freedom of speech, not the adequate funding of schools. It may at most respond to the 1-3 % of poor teachers in the classrooms.
California is one of a number of states that require in their state constitution that the state provide adequate public education. This has been reaffirmed numerous times in
Serrano v. Priest 1,2,, 3 and cited again in this court ruling.
