Here are two accounts of the decision in the Vergara trial. This one appears in politico.com. This one appears in the New York Times.
The plaintiffs argued that poor and minority children suffered because they had ineffective teachers who could not be fired. Lawyers for the teachers unions maintained that the causes of low performance were poverty and inadequate school funding. The plaintiffs prevailed and promised to take their cause to other states with strong teacher job protections, like New Jersey and New York.
There will be appeals, and the battle will spread to other states. As due process is removed, it seems to be replaced by evaluations of “effectiveness” based on test scores.
The long-range question is whether the “reformers'” efforts to remove all job protections from teachers will affect the number of people who choose teaching as a career and how they will affect the nature of the profession over time.
Here is the NEA statement on the case:
FOR IMMEDIATE RELEASE
June 10, 2014
CONTACT: Staci Maiers, NEA Communications
(202) 270-5333 cell, smaiers@nea.org
NEA PRESIDENT: CALIFORNIA RULING ALLOWS CORPORATE INTERESTS TO TRUMP STUDENTS’ NEEDS
***Deeply flawed verdict goes against research proven to enhance teacher effectiveness***
WASHINGTON— A California Superior Court judge today sided with Silicon Valley multimillionaire David Welch and his ultra-rich cronies in the meritless lawsuit of Vergara v. State of California. The lawsuit was brought by deep-pocketed corporate special interests intent on driving a corporate agenda geared toward privatizing public education and attacking educators.
NEA’s affiliate, the California Teachers Association, and the California Federation of Teachers intervened in the case to ensure schools can continue to attract and retain quality teachers in our classrooms and to give voice to systems that research and experience show are key factors in effective teaching.
The following statement can be attributed to NEA President Dennis Van Roekel:
“Just like the meritless lawsuit of Vergara v. State of California, the ruling by Superior Court Judge Rolf Treu is deeply flawed. Today’s ruling would make it harder to attract and retain quality teachers in our classrooms and ignores all research that shows experience is a key factor in effective teaching. The National Education Association supports the California Teachers Association in its appeal of today’s decision.
“Let’s be clear: This lawsuit was never about helping students, but is yet another attempt by millionaires and corporate special interests to undermine the teaching profession and push their own ideological agenda on public schools and students while working to privatize public education. Research shows experience enhances teacher effectiveness and increases student productivity at all grade levels, and that ultimately contributes to better outcomes for students. Yet, today’s ruling hurts students and serves only to undermine the ability of school districts to recruit and retain high quality teachers.
“NEA will continue to stand up for students and focus on the ingredients that are proven to help students the most—like supporting new teachers, providing ongoing training, paying teachers a decent salary, and developing reliable evaluation systems to measure teacher effectiveness.”
Here is the statement by AFT on the Case:
“WASHINGTON – Statement from American Federation of Teachers President Randi Weingarten on today’s Vergara v. California decision.
“Today, as the Vergara decision was rendered, thousands of California classrooms were brimming with teachers teaching and students learning. They see themselves as a team, but sadly, this case now stoops to pitting students against their teachers. The other side wanted a headline that reads: “Students win, teachers lose.” This is a sad day for public education.
“While this decision is not unexpected, the rhetoric and lack of a thorough, reasoned opinion is disturbing. For example, the judge believes that due process is essential, but his objection boils down to his feeling that two years is not long enough for probation. He argues, as we do, that no one should tolerate bad teachers in the classroom. He is right on that. But in focusing on these teachers who make up a fraction of the workforce, he strips the hundreds of thousands of teachers who are doing a good job of any right to a voice. In focusing on who should be laid off in times of budget crises, he omits the larger problem at play: full and fair funding of our schools so all kids have access to the classes—like music, art and physical education—and opportunities they need.
“It’s surprising that the court, which used its bully pulpit when it came to criticizing teacher protections, did not spend one second discussing funding inequities, school segregation, high poverty or any other out-of-school or in-school factors that are proven to affect student achievement and our children. We must lift up solutions that speak to these factors—solutions like wraparound services, early childhood education and project-based learning.
“Sadly, there is nothing in this opinion that suggests a thoughtful analysis of how these statutes should work. There is very little that lays groundwork for a path forward. Other states have determined better ways—ways that don’t pit teachers against students, but lift up entire communities. Every child is entitled to a high-quality education regardless of his or her ZIP code. And no parent should have to rely on a lottery system to get his or her child into a good school.
“This will not be the last word. As this case makes it through an appeal, we will continue to do what we’ve done in state after state. We will continue to work with parents and communities to fight for safe and welcoming neighborhood public schools that value both kids and the women and men who work with them. No wealthy benefactor with an extreme agenda will detour us from our path to reclaim the promise of public education.”
Diane Ravitch's blog 