Courtesy of Mish.
This is a guest post courtesy of Richard Berman at the Capital Research Center, under the title A Bad Day for Bad Teachers.
Summary: In 1954, the U.S. Supreme Court issued the landmark decision Brown v. Board of Education, which struck down racially segregated schools because, the court said, they were inherently unequal and they unjustly harmed poor and minority children. Last month, a California court cited Brown v. Board as it struck down multiple state laws, passed at the behest of teachers’ unions, which the court said unjustly protected incompetent teachers and unconscionably harmed children, especially the least fortunate.
In a landmark decision that sent shock waves through the educational establishment, Los Angeles Superior Court Judge Rolf Treu ruled last month that California’s teacher tenure laws unconstitutionally deprive students of their guarantee to an education and to equal rights. “The evidence is compelling,” Judge Treu wrote. “Indeed, it shocks the conscience.”
In Vergara v. California, nine students sued the State of California, claiming that ineffective teachers were disproportionately placed in schools with large numbers of “minority” and low-income students. Judge Treu agreed and quoted the U.S. Supreme Court’s 1954 Brown v. Board of Education decision that education “is a right which must be made available to all on equal terms.”
Nine young people and their families filed suit against California’s laws on teacher retention and dismissal, which, they say, protect bad teachers and deprive students of a high-quality education.
The Vergara decision came down less than one month after the 60th anniversary of the Brown decision, in which the U.S. Supreme Court struck down state and federal laws establishing separate public schools for students classified by the government as “white” and “black.”
(In Brown, the Court consolidated cases from Kansas, Virginia, South Carolina, and Delaware, as well as the federal jurisdiction of Washington, D.C.) The Supreme Court found that the practice of segregation violated the provision in the U.S. Constitution that “No State shall make or enforce any law which shall . . . deny to any person within its jurisdiction the equal protection of the laws.”
The argument in the current case, Vergara, is that, by forcing schools to favor incompetent teachers with seniority over more capable junior teachers, the rules deprive students of the education that the state constitution guarantees them. Further, because these rules funnel bad teachers to districts with large numbers of poor and “minority” students, those students are denied the equal treatment of the law.
The Vergara lawsuit was backed by Students Matter, a nonprofit educational policy advocacy group funded by Silicon Valley entrepreneur David Welch. “The state has a responsibility of delivering an education for the betterment of the child,” said Welch. “The state needs to understand that [its] responsibility is to teach children, and teach all of them.” Welch’s organization recruited the nine students, from several school districts, to serve as the public face of the case.
Astonishingly, the teachers’ union response to the ruling was that it was actually an attack on children. “This decision today is an attack on teachers, which is a socially acceptable way to attack children,” said Alex Caputo-Pearl, the president-elect of the Los Angeles teachers union. Instead of providing for smaller classes or more counselors, the reformers “attack teacher and student rights.”
Welch answered that claim in an op-ed for the San Jose Mercury News in which he described the harm students suffer from bad teachers:
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