The Los Angeles Times on yesterday’s decision:
Teachers union officials denounced a ruling Tuesday by a Los Angeles County Superior Court judge deeming job protections for teachers in California as unconstitutional as a misguided attack on teachers and students.
The ruling represents a major loss for the unions and a groundbreaking win by attorneys who argued that state laws governing teacher layoffs, tenure and dismissals harm students by making them more likely to suffer from grossly ineffective instruction.
If the preliminary ruling becomes final and is upheld, the effect will be sweeping across California and possibly the nation.
Judge Rolf M. Treu ruled, in effect, that it was too easy for teachers to gain strong job protections and too difficult to dismiss those who performed poorly in the classroom. If the ruling stands, California will have to craft new rules for hiring and firing teachers.
[…]
The Silicon Valley-based group Students Matter brought the lawsuit on behalf of nine students, contending that five laws hindered the removal of ineffective teachers.
The result, attorneys for the plaintiffs said, is a workforce with thousands of “grossly ineffective” teachers, disproportionately hurting low-income and minority students. As a result, the suit argued, the laws violated California’s constitution, which provides for equal educational opportunity.
The laws were defended by the state of California and the two largest teacher unions — the California Teachers Assn. and the California Federation of Teachers. Their attorneys countered that it is not the laws but poor management that is to blame for districts’ failing to root out incompetent instructors.