Vergara Ruling: Constitutional Rights for Some, But Not All

The recent  California Superior Court ruling of Vergara vs. California addressed the constitutional rights to an equitable education.  But what about the constitutional rights of teachers to due process? On June 10th, a judge in southern California decided that legislation created to prevent teachers from being victimized by unaccountable and capricious employers in a highly politicized profession is now a violation of the Constitutional rights of children.

Loosely based on strongly contested research presented by two Harvard professors (both of whom have tenure), the Treu decision claimed- among other issues-  “grossly ineffective” teachers are protected from dismissal by burdensome due process laws. A Superior Court Judge calling a basic right of due process “burdensome” is deplorable.

Does the ruling define “grossly ineffective?” No. Were the “grossly ineffective” employers of these educators put on trial for their failure to terminate “grossly ineffective” employees? No. Did the plaintiffs present objective evidence that the named teachers were “grossly ineffective?” No.  Particularly shocking when you consider that one of the plaintiffs testified about a “grossly ineffective” teacher who had been named as a “Teacher of the Year” by both Rotary and the NAACP.

“Tenure” (actually “permanent status” for PreK-12 educators) doesn’t mean lifetime employment. It means access to due process. Unfortunately, many employers lack the training and experience necessary to identify and document poor performance.  Misleading statements about due process often hide the real problem, which is the employer’s failure to properly evaluate and/or dismiss ineffective teachers.  That employer failure may now cause all teachers to lose basic protections fought for by their union and by legislators who care about employee rights.

But our students and our profession are worth the fight. Unions like the San Jose Teachers Association will work ceaselessly even as the billionaires run their duplicitous initiatives to dismantle the collective strength of California’s 300,000 teachers.  We will continue to innovate, offer solutions, and fight bad policy so that our noble profession will not be doomed to the empty pursuit of someone’s else’s idea of “accountability”.

We know, as we have always known, that education professionals must be the voice of the solution for our students and communities. Teaching should be a respected profession with ongoing training, attractive salaries, and reliable funding for technology and supplies.  The solutions must also address resources for students and families who need them- food security, stable housing, reliable public transportation, an answer to the immigration crisis, improved job prospects, and a living wage.

For some organizations, it’s easy to hire a slick PR firm, tweet about equity, and use the experiences of impressionable minors to advance an agenda that chips away at teachers, unions, and public education. Attempting to resolve the problems that create inequities in public education is much harder.  But students depend on us- no matter what Judge Rolf Treu may opine- to critically engage in this hard work and defend the protections that make it possible for me to write this piece.  I am fortunate not to fear reprisal from my employer, but many of my colleagues couldn’t write an opinion piece with the same confidence.

Fortunately for them, Treu stayed his ruling pending appeal and our due process rights are protected.  For now.

 Jennifer Thomas is President of the San Jose Teachers Association

 

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