Vergara Lawsuit would take away teacher rights
"It would be very scary to me, if this lawsuit succeeds, to think that I might not have a job next year, not for anything I'd done in the classroom, but because my principal didn't like me, or my clothing, or something I'd said." —Laura Lacar, Gahr High School, ABC Unified School District
Last year a group calling itself “Students Matter,” funded by David Welch, a conservative Silicon Valley millionaire, filed a lawsuit, Vergara v. the State of California. The lawsuit challenges a number of constitutional rights for California’s teachers, including “tenure,” due process rights, and seniority rights during layoffs. The suit, hiding behind a group of students, alleges that these teacher workplace rights infringe the constitutional right of students to an equal education. [See what Gary Ravani has to say about the civil rights rhetoric used by Students Matter; and see CFT president Joshua Pechthalt's op-ed piece in the San Jose Mercury News] CFT and CTA joined the defense last year, challenging Vergara as a “…meritless lawsuit by corporate special interests attacking teacher professional rights.”
The trial opened on Monday, January 27.
The lawsuit ignores the real problems of public education
Education Code rules to protect teacher rights from administrative mismanagement are not "unfair" to either students or new teachers. What harms students? Economic inequality, poverty, their parents' joblessness, and underfunding are unfair to students. But this lawsuit ignores these barriers to educational success. The premise of "Vergara" is that public schools are failing, and bad teachers are the reason why. Get rid of the “bad teachers,” and the schools will succeed. This simplistic idea is wrong in a number of ways. Most public schools are successes, by most reasonable measures; and while the role of the teacher is always an important in-school factor, external factors like poverty and underfunding have the greatest impact.
Stripping teachers of their workplace professional rights will harm, not improve, student learning
Anti-public education “reformers” are forever repeating that rules and regulations make it impossible to fire "bad teachers." Here are the facts. During the first two years of a teacher's career, a lengthy probation period, administrators can fire them for any reason, or for no reason at all. After that, the requirements are for the administrator to document the problem necessitating the teacher's dismissal, and convince two out of three people on a panel of experts to agree. That's it. A teacher's simple right to a hearing before
