In a much-awaited decision, Governor Jerry Brown has appealed the Vergara decision.
LOS ANGELES (CBS / AP) — Gov. Jerry Brown appealed a court ruling that struck down tenure and other job protections for California’s teachers, setting himself apart from leaders in some other states who have fought to end such protections or at least raise the standards for obtaining them.
Attorney General Kamala Harris filed the appeal late Friday in a Los Angeles County court on behalf of the governor and the state.
The move came a day after Superior Court Judge Rulf Treu finalized his June ruling that found five laws violated the California Constitution by depriving some of the state’s 6.2 million students of a quality education. He’d earlier said the system “shocks the conscience.”
The governor’s one-page notice of appeal said that under the state’s constitution “the important issues presented in this case — if they are to have statewide legal impact — must be reviewed by a higher court, either the Court of Appeal or the Supreme Court of California.”
It says that for reasons that are “unclear and unexplained” actual school districts were dismissed as parties to the lawsuit before trial, meaning the court’s decision “applies only to parties that have no role or duties under the challenged lawsuits.”
It also criticizes Treu for failing to provide details on the legal basis for his reasoning, and simply making his tentative decision final instead of elaborating and expanding on in the ruling that was affirmed Thursday.
Republicans had urged state leaders not to appeal the ruling and criticized his decision to do so Friday.
“A federal court ruled that the State of California is depriving minority children their constitutionally guaranteed right to an equal education and the governor decides to appeal? Unbelievable,” Senate Minority Leader Bob Huff, R-Diamond Bar, said in a written response.
California’s Superintendent of Public Instruction Tom Torlakson had asked the attorney general for the appeal earlier Friday because he lacked the legal authority.