The Vergara trial in California is a calculated effort to remove due process protections from teachers. The plaintiffs claim that the superintendent must be able to dismiss teachers at will, without the bother of a hearing. The billionaires sponsoring this attack on teachers’ job protection insist that any protections for teachers in the workplace violates the civil rights of students. They gathered a group of students who were willing to blame their teachers for their low test scores, hired a team of crack lawyers, and sued. Los Angeles Superintendent John Deasy, whose district is being sued, testified for the plaintiffs; he wants the power to fire more teachers without delay.
Win or lose, the billionaires hope to create a template for similar attacks on teachers in other states.
An observer at the trial distributed this account of the proceedings last week.
“On Friday, two teachers pegged as “grossly incompetent” by the Plaintiffs took the stand: Anthony Mize and Dawna Watty.
“Mize was the eighth grade English teacher of the case’s namesake, Elizabeth Vergara. He worked at Maclay Middle School for five years. He started at Maclay as an intern teacher in 2008, was laid off due to reduction in force in 2010 and was then hired back as a long-term substitute for the following three years. He was never hired back on tenure-track, nor did he ever achieve tenure.
“Mize was a good teacher. He took on leadership roles in the school. He was creative and caring in the classroom. He never was disciplined. He never received negative evaluations or observations. His evaluations all had positive comments. He testified that he believed Vergara learned in his class – in which he followed an instructional guide with a lesson-by-lesson layout provided by LAUSD, and used a textbook to supplement.
“Watty taught Brandon DeBose in her fifth grade class at Ruby Bridges Elementary. She has taught more than 900 fifth graders over her 28 year career. Despite having opportunities to transfer to more affluent schools in Alameda Unified School District, Watty chose to stay put because she loves the students and because the school has a strong community feel. She said, “It’s a diverse population. I learn from them. They learn from me. We’re a family. We’re a community. We have students with some severe needs, and we try to meet the needs of all of our students…coming to school is the one thing that they have that is constant in their life…”
“Like Mize, Watty has never received a negative evaluation. She has never received a complaint from a parent about her teaching. She has received much positive feedback, including parents of her students asking to have their younger children assigned to her. She often receives visits from former students.
“Both Mize and Watty testified that neither Vergara nor DeBose nor their parents ever complained or asked for additional help.”
So, neither teacher ever received a negative evaluation.neither was ever disciplined. One never had tenure or tenure rights (why hasn’t John Deasy already fired him, since he was Vergara’s teacher?) should teachers be fired whenever a student doesn’t like them?
Who will want to teach when any teacher can be fired for any reason or no reason at all?
Here are some readings about the trial.

It is sad when the garbage man get more respect than a classroom teacher. In some places they get paid more and don’t have to be constantly criticized.
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The reason for this lack of respect is more than thirty years of propaganda bombarding the country repeatedly with the same message painting public school teachers as incompetent, overpaid, lazy and led by corrupt labor unions that spend millions to manipulate public opinion.
What many Americans don’t know is that the billionaire oligarchs behind these lies are exactly what they accuse teachers and their unions of being.
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You are correct sir. I’ve been an educator for 26 years. I’m close to being retirement eligible and looking forward to it. The sad part is I have you two young children (4&6) that I have to get educated. Not really sure where in this country is the best place in this country to get them educated and truly ready for college.
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Our daughter attended public schools from start to finish. She attended five different school districts. I told her that it was her responsibly to learn and there were no excuses.
It didn’t matter how boring, or fantastic a teacher was, the learning was up to her. I also told her to take advantage of her teachers office hours and she did often everyday before school, at lunch or after school.
From 3rd grade to graduation she earned straight A’s. When she started high school, I suggested she go out for a sport and dedicate herself to become a scholar athlete. She went out for Pole Vault and to work out and practice left well before her first academic class of the day and came home often after 8:00 PM. In addition, she went to school on Saturdays because the track and pole vault team practiced for several hours on Saturdays.
When she was 16, she tied for 5th place in California for her sex and age group for Pole Vault and made the Los Angeles Times list of high school athletes. She also broke several regional league records jumping as high as 13 feet.
I suggested she find intellectual clubs and groups on campus and join them and avoid kids who blamed teachers for their failures.
She joined as many academic clubs and groups as she could find and earned a gold medal in Academic Decathlon for the debate category.
This year, she graduates from Stanford and already has a job with starting pay close to $60 thousand a year in addition to profit sharing.
When parents let their children know that learning isn’t their fault but a teacher’s fault, then the child has no reason to learn.
I taught for thirty years in a barrio high school surrounded by violent street gangs and poverty, and every year i my classes I taught students (a few) who would graduate from that low ranking high school and go to college where they’d graduate. The reason the school had low ranked comparisons to other schools had nothing to do with the quality of the teachers and everything to do with the student test scores.
I remember one student who grew up in that barrio and he was a great student in the middle of all that poverty because his parents would accept no excuses and made sure he had a home where he could read and study. He was accepted to Stanford on a full scholarship. He was also offered scholarships from MIT and USC. He had the same teachers that the failing student who did not do well on the standardized tests had.
One year, I had a 9th grader walk into my English class who had been home taught for his first nine years in school. When he turned 14, he demanded that his parents let him go to a real school so he could be around kids his own age. His parents, who were religious and very brainwashed from all the propaganda that pours from the billionaire oligarchs war against public education,were worried and sat down with a counselor begging her to place their son with good teachers who would challenge him. He ended up being the editor-in-chief of the high school newspaper and today he is a news anchor in a mid sized US city for CBS.
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Once again you are correct. We are already teaching our children that learning is their responsibility. Thank for the encouragement. Also congratulations to your daughter for her success.
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I forgot to mention that at home the TV was off five or six days a week and only on for two to three hours on the weekend with the parents making all the choices; she had no Internet link or computer games in her bedroom (no mobile phone until she was halfway through 9th grade and only to call home—the phone bill shows how many minutes a mobile phone is used each month) and her main source of entertainment was mostly reading books.
When she was six, we started taking her to the library once a week and checked out the maximum number of books possible each time.
By the time she was twelve, I was competing with her over the books I bought to read. I’d come home from shopping and she’d search the bags and make off with the books I bought to read but she’d have them back to me in a day or two.
She read the “Lord of the Rings” several times and by the time she was in high school she was reading more books than her parents.
Instead of seeing fantasy cartoons at the cinema, her mother took her to all the most popular stage musicals and by the time she graduated from high school she could sing all the songs for several of the most popular stage musicals. For instance, from The Producers, Chicago and Ms. Saigon.
Major studies say that teachers are only responsible for maybe 10% or less of a child’s education but 60% comes from outside of the school, meaning the home and family environment.
Other studies then say the average child in America spends 10 hours or more each day dividing their time up between watching TV, playing video games, social networking etc.
The parents are the key between two or three hours (or less) of TV (video games, texting, social networking, etc) a week and 70 hours on average.
Breakfast and nine or more hours of sleep every day is also vital. We made sure she always ate a nutritious breakfast before she went to school and was in bed by 9:30 every day. We also ate dinner as a family.
Other studies say the average American parent has less than 3.5 minutes a week in meaningful conversation with their child/ren. In our house, we had meaningful conversations with her at last 30 minutes or more daily—it was easy because there was no TV on most of the time.
But it wasn’t easy. Most of her friends watched all the TV they wanted, had cell phones, had total Internet access usually in their bedrooms and stayed up until 1 or 2 AM every day and that bothered her leading to several tantrums through the years because she couldn’t have as much fun as all her friends.
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The key point you make is that parents have control over the direction their children take. That is the single biggest problem with most of this country, the loss of the two parent family that spends time communicating with each other over the evening meal. I found it sad when I read that 72% of all African-American families are single parent families. That single parent typically works 2 or more minimum wage jobs to try and make ends meet. Until this country decides that the family is important there will not be any large scale changes.
Yes we can control our own families and their direction. Yes I will continue to guide my children in the right direction.
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We need more parents like you.
A childhood friend of mine followed the same parenting methods and they raised three sons who all went to college, graduated and are doing well, even the son who had leukemia when he was five and had brain damage due to the treatment.
All of their boys went to public schools and didn’t need No Child Left Behind, Race to the Top or Common Core to succeed. All they needed was a real family with parents who put family and education first before TV, video games, etc.
They ate home cooked meals as a family at the same table, and the TV was off most of the time.
NCLB, Race to the Top and Common Core are all gimmicks and magic pills that will profit a few and help no one while hurting millions of teachers who are being blamed for the failure of programs that are destined to fail because they do not deal with the real problem that Diane points out in “Reign of Error”—poverty in addition to dysfunctional families and misguided parenting methods.
There’s a mother who wrote a memoir a couple of years ago. She’s what’s known as a Tiger Parent and she was crucified in the Western media and on Amazon for how she raised her two daughters, who were never deliberately physically abused.
That mother’s name is Amy Chua and her book was “Battle Hymn of the Tiger Mother”. Her older daughter is attending Harvard and she launched her own Blog to defend her mother and it’s called “New Tiger in Town”.
http://tigersophia.blogspot.com/
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In my family my dad was the first to graduate college and then completed his Master’s Degree. Since then my mom returned to school and finished her degree. I have three brothers, each with a college degree. My older brother has his bachelors. My next younger brother completed a Chemistry Degree in 3.5 years while playing college baseball for a Division-1 School. My youngest brother has earned a Master’s Degree. I also hold a Master’s Degree.
You can see that education is very important to me. My children will be successful. Failure is not an option.
My son has already developed a desire to play sports, which I fully support since that is all I every grew up around. My dad was a teacher and coach for 40 years. I believe that there are many great values that can be learned from sports and competition.
I don’t believe in the philosophy that “everyone gets a trophy”. In order to get a trophy you need to win and earn it. If you don’t win the first time then it is time to work harder.
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Stick to what you know and believe. Your kids will be fine.
I suggest you tell your kids—-star early—to find out who the toughest teachers are at each school they attend by asking the other kids and then you go to each school’s counselor (with the most time in that school) and request that your kids are put in those classes. Counselors who have been at the same school for some time know who the tough/best teachers are. Don’t be shy. Ask if what your kids are hearing about these tough teachers is true. Tough and demanding usually translates into better learning for kids who do the work and ask for help. Demanding teachers are usually more demanding on themselves.
The counselor will tread carefully due to liability fears but if you pay attention you’ll know when your kids have named the toughest teachers—not the most popular teachers. When the kids at the schools where I aught voted for best teacher of the year, the usual winner showed the most films and told the best jokes.
Most kids will be more than willing to complain about the tough teachers who demand that their students do the work and learn while those same kids are doing all they can to get their parents to move them out of those classes to “fun” teachers where it’s easy to earn a high grade by doing next to nothing. That doesn’t mean the “fun” teachers are incompetent. It just means they caved in to the pressure from parents and administrators to boost grades.
That’s what we told our daughter and she had this attitude that she only wanted the most demanding teachers—which was usually the opposite of most kids. She got what she wanted.
In fact, focus on AP kids who are usually the best kids in a school. They will be honest about the toughest teachers because those are the teachers those students usually want.
AP kids usually have supportive parents heavily involved in their lives. In addition, find out who those kids are and connect with their parents.
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I will do wthat. In fact this year we had our daughter moved to another first grade class at the beginning of school because the work she was given was a repeat of the middle of kindergarten level. She likes to read and that is a huge positive.
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A love of reading is the most powerful tool there is in raising a life long learner. Just reading daily for pleasure will increase vocabulary, writing and reading skills. Studies show that reading is just as powe4rful as writing to develop literacy.
I knew of a family that all read at the same time every night for an hour or two before bed and they came together to talk and share as a family about the book they were reading that night. (The TV was stored on a shelf in the garage while their kids were in K – 12).
Their son ended up going to Harvard where he graduated with a degree in engineering.
The father was a journalist and author and I attended one of his author events while he was doing a book tour for his memoir. That was back in the late 1980s or early 1990s. I forgot his name but I haven’t forgotten his lecture that night at one of the Claremont Colleges in Southern California.
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If only more people would pay attention to these positive examples of what really works instead of trying to recreate the wheel.
If I were the guru in charge I would first start be requiring every child at 3 years of age to be enrolled in a public school, fully funded 1/2 Pre-K program.
4 years a full program.
5 years Kindergarten and so on.
The earlier you are able to capture their minds the earlier you are able to make the greatest difference.
My elementary curriculum for Grades K-3/4 would consist mostly of Reading/Writing and Math. If they can read then they can handle social studies or science. To many kids today don’t know their multiplication facts and it hinders there ability to be comfortable with math.
I frequently use the example that if your attention span allows you 1 minute to solve a math problem and you spend 45 sec of that trying to figure out what 8 times 8 is then you have almost reached your frustration point before solving the problem.
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I’ve read that in Finland kids don’t start school until age 7 but most of their parents start to teach them how to read by age three. But what works in Finland won’t work in the US.
1st: Finland total population isn’t much more than the total number of teacher in the US and we have more than ten times the number of children then the entire population of Finland.
2nd: Most citizens of Finland belong to one racial group with one language and almost 80% belong to the same religion. This creates common cultural values that includes strong support for teachers and public schools.
I agree that once we identity at risk kids who live in an environment that doesn’t support literacy or education, those kids should start a half day basic literacy program as young as age three designed not to pressure them but foster a love of reading and learning that they wouldn’t get from their out of school environment. And this wouldn’t stop for a ten week summer break but would run full time all year long, because for these kids having ten weeks off is like taking a step back after taking two steps forward.
We could not let them return full time for any period longer than a few days to the environment that put them at risk in the first place.
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Are you sure Teach for America is not behind that billionaire, they are non profit, and would love to get more funds and more of those lack less 5 week training teachers.
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For Twitter: Just copy, paste and tell everyone you know to ReTweet. This short link created through Bitly leads to this post.
Would you want to be a school teacher who can be fired for no reason
& be replaced by anyone with 5 weeks of training
http://bit.ly/1mfyeMt
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To know there is a well-financed group out there with their eyes set on destroying teachers. It’s very scary. This is why I fight for stronger union leaders because we have to stop putting our money on politicians who are also in favor of this agenda. We can’t play nice anymore because we are losing this war even if we win a few battles.
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Recently, it was mentioned on this Blog that there was a public list of elected representatives in Texas who supported the public schools. What we need is a list for each state and the national level that reveals the representatives who are on our side.
Who we should vote for?
Who we should support?
You can bet that the billionaire oligarchs already know who to target for elimination and who to support.
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You can’t create a feudal society from a society of universal peerage without destroying all the professions and all the unions and reducing everyone who actually does the essential work of civilization to the status of serfs. Only when you establish that base of the pyramid can you build ever higher tiers of pharisees who do nothing but maintain the atmosphere of fear they need to stay in control.
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“a feudal society from a society of universal peerage…”
…interesting observation…
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You may want to see what The Globalist says about the growing gap between CEO pay and the average worker.
Here’s a sneak peak:
In 1980, U.S. CEOs out-earned the average worker by a factor of 42. The gap peaked at a ratio of 525-to-1 in 2000.
http://www.theglobalist.com/just-facts-ceos-rest-us/
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Well said, Jon!
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The teacher trial is bizarre. It shows how far off the rails ed reformers have become in their single-minded zeal to privatize public schools.
I can’t get over this testimony. Here’s the teacher they put on trial:
“Vickie Decker, a middle school math teacher, refuted assertions by Jose Macias, the father of student plaintiff, Julia Macias, who had claimed in earlier testimony that Decker was harmful to his daughter’s education. Decker, who has spent nearly 20 years in the Los Angeles Unified School District, challenged those accusations, saying Julia had performed poorly in her class and did not accept her offers to help her with the work.
In 2011, Decker taught Julia, then 13, at Lawrence Middle School for gifted students in Chatsworth.
Decker said she holds lunch workshops twice a week, and that she has an after-school, open-door policy.
After meeting with Julia’s parents, Decker said she told them their daughter was welcome to get the help but couldn’t recall if Julia ever made it to any of the sessions. She also said she provides monthly progress reports to parents, and in Julia’s case, weekly updates.
Hsaio then asked whether Julia returned all the weekly progress reports signed by her parents, as Decker required. She said Julia did not.
When asked whether she ever told Julia’s parents. “You should know your child’s problems, she’s your daughter,” Ms. Decker replied, “I would never say anything like that to a parent.”
Plaintiffs elected not to cross examine her.”
is this what it will be like without due process for teachers? Teachers will have to recite how they did or DID NOT receive signed weekly progress reports?
This is NUTS. What message does this send to children, exactly? That if they don’t do well in school it is 100% the fault of the teacher, and ed reformers are the one and only adults “on their side”? That it’s students and parents versus teachers?
Why would responsible adults promote this ridiculous idea?
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In education reform, Republicans seem to be contradicting themselves. Aren’t they the party that advocates strong families, accountability, good choices, hard work and pulling yourself up the boot straps? After reading Lloyd’s lengthy (and inspiring) post about her daughter, how can they completely gloss over the role families play in student learning? They claim this “everyone gets a trophy” mentality is a “liberal” concept that makes our kids “soft.” However, when you blame teachers and schools, kids will believe they are no longer responsible for their own actions. How does this fit under the conservative belief umbrella? It doesn’t.
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Can you imagine being a parent that allows your child to testify about a teacher in this way? They are exploiting students for a political cause. Pretty sad.
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Interesting how the social norms of responsibility are gone. Where is the burden of responsibility for the students or the parents? It’s America, sue for anything, http://www.washingtontimes.com/news/2014/mar/12/man-trapped-colorado-floods-sues-rescuers-500000/?
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Oh, come on, plaintiffs, it can’t be that hard to round up a couple of lousy teachers can it? After all, according to folks like Deasy and his billionaire pals , you can’t throw a stick at a school without hitting a tenured union slug or two. But seriously, if this case goes for the defendants using these two teachers, the profession will have suffered a serious blow.
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The oligarchs will not be content until they have absolute authority to make, based on their sole authority, whatever decisions they wish to make about the lives of others.
Even the eunuch’s shadow of tenure–minimal due process–is more than they can stand because they believe that their authority should be, by divine right, absolute.
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Can your parents violate your civil rights?
http://news.msn.com/us/nj-teen-drops-suit-against-parents-over-tuition
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I am in Utah, a “right to work” state. Three years ago, my husband was teaching at a charter school. It was September, and school had been in session for three or four weeks. He discovered that a 7th grade student, who he had just gotten at the beginning of the school year, had been accessing pornography on the school’s computers, and had been since the previous March. Remember, my husband had only had the student in class for three or four weeks. Within two days, the school fired my husband. Their excuse is that he had not “adequately supervised” the student. No other teacher, including the teacher the student had the previous year when this student began accessing the porn in the first place, was disciplined. We think that the school had hired too many teacher for the year, and this was an excuse to get rid of one of the more highly-paid teachers in the building, without having to pay severance or unemployment. Our family is still recovering from the year my husband was unemployed as a result of this fiasco.
THAT is what will happen to all of us if Vergara wins. THAT will be the future of teaching. NO TEACHER will be safe.
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Louisiana Purchase: your comments cut through all the lies and hype.
Thank you for sharing this painful story with us.
😎
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agreed
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Do Less, Read More: A Defense of School
The Tiger Cub, Amy Chua’s daughter, speaks out. She concludes this post with: “let’s use our free time and psychological space to delve into learning. To do otherwise belittles both our education and our extracurricular pursuits. Study because you’re fascinated. Explore activities because you love them. Everything else is just glamorous clutter – don’t be afraid to clear the way for what really counts.”
http://tigersophia.blogspot.com/
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I put up the wrong link for Sophia Chua-Rubenfeld’s Post: Do Less, Read More: A Defense of School.
http://tigersophia.blogspot.com/2013/12/do-less-read-more-defense-of-school.html
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Next month will mark 20 years that I have taught with LAUSD.
I had the privilege of working with Mr. Anthony Mize , one of the alleged “grossly
incompetent teachers”, named in this suit. for four of those years. Despite the precarious and ever-vacillating status accorded him by LAUSD, the RIF notices, his relegation to long-term sub status in his own previous classroom and the subsequent loss of benefits such as paid sick leave and holidays, I never saw him give less than 100% to the school, and to his students. Mize is a natural teacher, knows his content area and is sensitive to his students needs, both as learners and as human beings. He is sorely missed at our school site, To anyone who has worked alongside this young man, it would be almost laughable that he could be so singled-out, were it not so deplorable. The latest insult in a long line of abusive treatment by the Powers That Be… As an early commenter stated, if Mr. Mize was the best example of a poor teacher that the plaintiffs could summon, they really don’t have much of a case.
Does anyone remember Attorney Joseph Welch’s reply to Senator Joe Mccarthy in the Army-Macarthy hearings? It resounds in my ears as I follow this case:
” Have you left,Sir, no sense of decency? At long last, have you left no sense of decency?” (I paraphrase)
That quietly uttered statement is widely credited for the beginning of the end of the tyranny and witch hunts initiated by Senator Mccarthy. We must all continue to speak truth to power, for when we do, tyrants fall. Thank you, Anthony, for all of us.
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Reblogged this on anthonymize.net and commented:
Dr. Ravitch originally writing about my inclusion in Vergara vs. The State of California.
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