John Merrow says that the laws struck down by the Vergara decision are indefensible.

 

Teachers get tenure after 18 months, but in most states it takes three or four years.

 

Seniority, he says, discourages young teachers, who are first fired.

 

The process of removing an ineffective teacher is far too complex, requiring some 70 steps.

 

My view: The legislature should promptly remedy these defects in the fairest way possible to assure that it is not easy to fire teachers, but that teachers who face charges get a fair and timely hearing. I agree with Merrow that it should take 3-4 years to get tenure, not 18 months. As to seniority, I defer to the wisdom of David B. Cohen, who explained why seniority matters and how it can be improved.

 

All that said, the decision did not prove that these laws, whatever their defects, discriminate against minority children.

 

In a footnote, Merrow notes that California spends less on public education than almost every other state, at least 30% less than the national average. Let us see if Students Matter fights for adequate funding of the state’s public schools. I doubt it.

 

If we seek to remedy the needs of minority children, abolishing tenure outright is not a logical starting point.