. . . . check
out this unprecedented ruling by California Superior Court Judge Rolf M. Treu
who just handed down a decree that teacher tenure laws in the state of
California are unconstitutional. That
includes all related teacher dismissal and layoff laws.
This near-apocalyptic smack down makes
anything that New Jersey Governor Chris Christie has done up to this point in
his own efforts at teacher reform in The Garden State pale in comparison.
Treu's decision
is not targeted merely towards several jurisdictions in California, but applies
to each and every public school district throughout The Golden State – it could
have implications nationwide.
This ruling was applauded by none other than the Obama administration’s Secretary of Education Arne Duncan, who was reported by CNN to have said, “the decision represented ‘a mandate’ to fix a broken teaching system.
Duncan went
on to state that Treu’s verdict could bring “to California and possibly the entire nation an opportunity to build ‘a
new framework for the teaching profession’.”
Not wishing
to cause immediate havoc upon his state’s education system, Treu ordered a stay
of his ruling pending appeals.
The lawsuit
was brought on behalf of nine students within Los Angeles County who claimed to
be disadvantaged by the public school system in which they find
themselves.
Much of Judge
Treu’s rationale revolves around the virtual inability to dismiss ineffective
teachers, and upon his view of the negative lifetime impact that this has for
students under their tutelage.
Whether or
not one agrees with Treu’s thinking, his basis for such a conclusion is very
specific. It deserves a full read of his
rationale that is summarized
in a CNN report upon which this post drew its information.
Example: One of Treu’s conclusions is that his court “finds the current system required by the
dismissal statutes to be so complex, time consuming and expensive as to make an
effective, efficient, yet fair dismissal of a grossly ineffective teacher
illusory.”
I will add this: It is far easier not
to give someone tenure in the first place, should there be even a
soupçon of doubt as to that educator’s ability to serve in a specific
educational position.
That should
be the case, no matter what amount of pressure is
brought to bear upon a Board of Education whose responsibility it is to assure
that only the best and brightest make it through.
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