May 16, 2012: A lawsuit filed by 8 students in the Los Angeles County Superior Court Monday challenges the constitutionality of 5 California statutes that govern teacher tenure rules, seniority protections, and the teacher dismissal process. The suit claims the statutes violate the students' right to equal protection under law and deprive them of equal access to education.
Howard Blume reported on the litigation for the LA Times.
The suit names Gov Jerry Brown, Superintendent of Public Instruction Tom Torlakson, the state Department of Education, Los Angeles Unified School District and Alum Rock Union (an elementary school on San Jose's East Side) as the defendants. The legal team includes Theodore J. Boutrous, Jr., at left, a first amendment rights lawyer with LA's major law firm, Gibson Dunn & Crutcher, and Theodore B. Olson, U.S. Solicitor General (2001-2004). The funding is coming from philanthropist Eli Broad.
"...the courts are not the right place to make school employment policy." -- Los Angeles Times editorial, May 16, 2012.
"LOL! Of course the Times would like this matter handled by the Legislature rather than the Courts. The Legislature is powerless in the face of their teacher union masters to do anything that would substantially change this archaic and unneeded practice...." Condor001, a commenter on the LAT editorial.
A new non-profit, Students Matter, founded by Silicon Valley tech entrepreneur David F. Welch is leading the legal challenge to overturn the statutes; several people on itss advisory committtee have faced off with teachers' unions in the past, according to the LAT:
The advisory committee includes Students First, a group headed by former District of Columbia schools Chancellor Michelle Rhee; Democrats for Education Reform, whose California branch is led by former State Senator [and unsuccessful candidate for State Superintendent of Public Instruction] Gloria Romero; and Parent Revolution.... Also on the committee is former president of the state Board of Education Ted Mitchell's New Schools Venture Fund ...and Sacramento-based Education Trust-West, an advocacy and research group.
From the complaint:
California students assigned to grossly ineffective teachers who are employed and continue teaching as a direct result of the (5 challenged) statutes are denied equal access to the fundamental right to education required by article IX, sections 1 and 5 of the Constitution of the State of California.
Moreover, as a result of the same statutes, grossly ineffective teachers are disproportionately assigned to schools serving predominantly minority and economically disadvantaged students. Those statutes thus make the quality of education provided to school-age children in California a function of race and/or the wealth of a child's parents and neighbors in violation of the equal protection provisions of the California Constitution.
Listen to the California Report:
Written for California's Children by Elizabeth J Carlyle.
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