(From The Los Angeles Times, May 15th 2012)
A nonprofit backed partly by organizations known for battling teachers unions has filed litigation challenging the constitutionality of California laws that make it more difficult to fire or lay off ineffective teachers.
The suit, filed Monday in Los Angeles County Superior Court and announced Tuesday, takes aim at five California statutes that govern teacher tenure rules, seniority protections and the teacher dismissal process.
“A handful of outdated laws passed by the California Legislature are preventing school administrators from maintaining or improving the quality of our public educational system,” the lawsuit says.
The group behind the legal action is called Students Matter, a newly formed nonprofit that defines its mission as changing “outdated and harmful state laws that prevent the recruitment, support and retention of effective teachers.”
In its complaint, the suit contends that teachers can earn tenure protections too quickly — in 18 months — well before their fitness for long-term employment can be determined. The suit also seeks to invalidate the practice of laying off less-experienced teachers first, rather than keeping the best teachers. And the suit takes aim at a dismissal process that, it claims, is too costly, too lengthy and typically results in ineffective teachers holding on to their jobs.
Teacher unions have defended tenure, seniority and dismissal rules as important and frequently necessary job protections. They’ve insisted the problems in education lie elsewhere, such as in funding levels that have dropped in California.