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June 10, 2014

California Court Rules That Teacher Tenure Systems Forbidding the Firing of Incompetent Teachers are Unconstitutional Due to Disparate Impact on Poor and Minority Students


If you accept the disparate impact theory -- which progressive courts, of course, must -- then this is turns out to be, shockingly, inevitable.

We've been making this case regarding education reform for years-- but I never dreamed of just suing and getting a judge to impose the rule.


But remember, this is a lower court issuing the ruling.

I have a bad feeling his more politically-sensitive masters will bring this rogue bull back to the herd.

LOS ANGELES — A Los Angeles Superior Court judge ruled Tuesday that teacher tenure laws deprive students of their constitutional right to an education, a decision that hands teachers’ unions a major defeat in a landmark case that overturns several California laws that govern the way teachers are hired and fired.

“Substantial evidence presented makes it clear to this court that the challenged statutes disproportionately affect poor and/or minority students,” Judge Rolf M. Treu wrote in the ruling. “The evidence is compelling. Indeed, it shocks the conscience.


The plaintiffs argued that California’s current laws made it impossible to get rid of low-performing and incompetent teachers, who were disproportionately assigned to schools filled with poor students. The result, they insisted, amounted to a violation of students’ constitutional rights to an education.

The suit was filed by a group called "Students Matter," which was itself founded by a technology magnate with an interest in education reform.

The article notes that the ruling is likely to spark copycat lawsuits in every state and city of the union.


Incidentally... White Liberals are deliberately screwing over minorities here.

It is not an allegation that the worst teachers are assigned to the poorest communities. It's a fact.

But White Liberals want to maintain two priorities simultaneously: Appeasing the teachers unions for machine politics purposes by forbidding the firing of incompetents, and making sure their own kids get a halfway decent public education.

Guess where the White Liberals send the incompetent teachers then, eh?

Educating the poor and minority students is a nice to have thing, not a must have thing.

How about we just fire the incompetents?

This decision puts three critical blocs of the Leftist Coalition in direct and unavoidable conflict: Wealthy and Middle Class Suburban and Urban Liberals (who want to keep their own schools good), Poor Minorities, and the Teachers Unions.

Only two of these three can "win" here. For years the two winners have been the Wealthier White Liberals and the Teachers Unions. Wealthier White Liberals supported the Teachers Unions incompetents, and pretended not to notice that all those incompetents were being assigned to minority schools.

Now a judge says that Poor Minorities cannot be the loser -- which means one of the other two must be the loser. Either Wealthy White Liberals take their fair share of these incompetent teachers, or the Teachers Unions will have to lose them as teachers.

National Political Impact: Now that this is on the radar, this is a ferocious wedge issue against Democrats.

What do they say when they're asked why they continue to support shackling the poorest kids in our nation in ignorance and neglect, just so incompetent Democratic Voters can continue to get paid fat cash to do nothing at all?

More: At Hot Air.

And here's the decision.

It's short and good reading. You can skip the procedural section and jump to the conclusions.

The judge invalidates all manner of provisions of California law -- from the bizarre rule that teachers get tenure after only 18 months of working (before they've even been certified as teachers -- so there are teachers who are guaranteed a salary (they have tenure) but are legally not allowed to teach (as they never got certified), the Last In, First Out rule (because it does not contain exceptions for incompetency, to the detriment of minority students).

He just starts overturning massive sections of the Democrat Agenda.

"The Dance of the Lemons:" From Waiting for Superman, examining the dysfunctions of the Milwaukee school system specifically, though of course this happens everywhere.

Thanks to @tsrblke for that.

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