LOS ANGELES – A California judge could soon increase the ability of school officials to hire and retain the best teachers, following a two-month trial challenging the state’s teacher tenure and seniority system.
Final arguments in the trial were Thursday, and Superior Court Judge Rolf M. Treu is expected to rule on the case sometime this summer. The outcome could dramatically change how California schools are staffed, and possibly influence schools staffing polices in other states.
In Vergara vs. California, the school reform group Students Matter is representing nine students who claim the state’s tenure law and seniority system result in a disproportionate number of ineffective educators in schools attended mostly by low-income and minority students.
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The state of California, and the state’s two largest teachers unions – the California Federation of Teachers and the California Teachers Association – argued at trial that the problem is the result of administrators failing to remove bad teachers, not the process, the Los Angeles Times reports.
James Finberg, attorney for the defendants, worked to convince Judge Treu that “the interests of students and teachers are aligned,” while Students Matter attorneys argued the need to streamline the teacher dismissal process, and to rely on teacher performance rather than seniority, the Times reports.
“Seniority may be entirely objective, said plaintiffs’ attorney Marcellus McRae, but so would layoffs based on height, the alphabet or the ability to dunk a basketball,” the Times reports.
Aside from seniority, Students Matter is also challenging California’s teacher tenure law – which grants bullet-proof job protections for life after only 18 months.
“Judge Treu asked the defense why it was so important to defend the 18-month threshold if more time for evaluation could yield a better decision,” the Times reported
Union attorneys actually argued that it would be preferable to fire a borderline teacher, rather than extend their review period, the news site reports.
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“Over the course of the trial, attorneys for each side called more than 30 witnesses, including students who described their experiences with teachers they believed were ineffective,” the Times reports. “The defense rebutted this testimony with evidence that some of these teachers are highly regarded.”
If Treu finds the California tenure and seniority laws unconstitutional – because they impact poor and minority students more than others – it could pave the way for a much more student-centered performance based system.
The verdict is expected to be appealed, regardless of how the judge rules.
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