A judge’s decision to strike down California laws giving tenure to public school teachers continued to reverberate across the nation Wednesday, with harsh criticism from union leaders and cheers from education reformers.
Here’s what the ruling by Superior Court Judge Rolf Michael Treu on the case Vergara v. State of California means for California students and their teachers.
Q: What laws were thrown out?
A: The Los Angeles judge struck down five statutes that give teachers tenure – so-called “permanent employment” – after just two years in the classroom, and then make it so difficult to fire those who fail their students that many schools don’t try.
The laws also require schools to lay off teachers who have the least seniority first with little consideration of their performance. That means that good teachers with fewer years in the classroom are let go before poor-performing teachers with more seniority.
Q: Why did the judge say the laws were unconstitutional?
A: He said the laws were violating the rights of tens of thousands of students by trapping them in classrooms with “grossly ineffective” teachers. The judge said there was “compelling” evidence that “shocks the conscience” that these teachers were harming students, especially those who were poor or minorities.
Q: What evidence supports the claim that the laws are leaving “grossly ineffective” teachers in classrooms?
A: Academic experts testified that two years is not enough time to determine whether a teacher can teach.
And current and former superintendents testified that they often take no action against an ineffective teacher because of the legal hurdles. They said it can cost $450,000 or more in legal costs and take as long as 10 years to dismiss a bad teacher.
Q: What’s the evidence that a “grossly ineffective” teacher can harm students?
A: A growing body of research shows that teacher quality is a key factor to students’ success. One academic expert testified that a bad teacher can cause students to lose 9 to 10 months of learning. Another professor did a large study of students and the incomes they later earned, estimating that an ineffective teacher will cost a student $50,000 in lifetime earnings.
Q: Do other states have these same laws?
A: California has stronger job protections for teachers than most other states. For example, it is one of only five states that grant tenure after two years. Other states give school administrators as long as five years to evaluate new teachers.
Q: How many “grossly ineffective” teachers does California have in its public schools?