The Vergara ruling, which threatened teacher tenure, seniority and other employment laws, was overturned today by the California Appeals Court on a unanimous vote, reports Mike Szymanski in LA School Report.
The three-judge panel reversed Vergara v. California, finding that there wasn’t enough evidence to show that minority students were subjected more to ineffective teachers than others.
“Plaintiffs elected not to target local administrative decisions and instead opted to challenge the statutes themselves,” the decision states. “This was a heavy burden and one plaintiffs did not carry.”
The trial evidence “revealed deplorable staffing decisions being made by some local administrators that have a deleterious impact on poor and minority students in California’s public schools,” the decision concedes. However, “the evidence did not show that the challenged statutes inevitably cause this impact.”
StudentsMatter, which represents the nine student plaintiffs, plans to appeal to the California Supreme Court.
A Vergara-like lawsuit filed yesterday charges that Minnesota laws on teacher tenure and dismissal violate children’s right to a quality education, reports The 74. Partnership for Educational Justice, a nonprofit founded by The 74 editor-in-chief Campbell Brown, is working with Students for Education Reform Minnesota on the lawsuit.
Partnership for Educational Justice also is challenging tenure protections in Wright v. New York, which is before the New York Supreme Court.