Judge Strikes Down Teacher Tenure in California

Judge Strikes Down Teacher Tenure in California

Thankfully, that might be changing soon. This week the Los Angeles County Superior Court issued an opinion holding two of the California education laws behind the problem unconstitutional. 

In particular the Court struck down the California “two year” statute 

–which grants public school teachers tenure (making them virtually impossible to fire) after two years

– and “last in first out” law

– which requires that newer teachers be laid off before teachers with more seniority, regardless of their relative quality or qualifications. 

 After reviewing the evidence, the Court found that these laws made it virtually impossible for public schools to dismiss poor teachers. 

The result of this inability to fire “grossly ineffective” teachers, the Court noted, was destroying the education of countless California children to a degree that “shocks the conscience.” 

Moreover, the Court found that the negative effects of the policies had a disproportionate impact on low income and minority schools. 

These negative impacts rendered the laws unconstitutional. Some have complained that this decision smells of judicial activism. 

They contend that it is the place of the legislature, not the court, to make policy decisions about education. Such cries of judicial activism have a certain appeal to them, but the activist label is not so neatly applied in this case. next

 Unlike the federal Constitution, the California Constitution declares that each child has a fundamental right to a free and equal public education. 

In doing so, the California Constitution forces the court, which has duty to uphold the constitution, to make empirical decisions about whether or not particular education programs live up to this broad constitutional guarantee. 

To meet this burden in uniform manner, courts have read the education provisions of the California Constitution to require that any education law that negatively impacts public education must be narrowly tailored to meet a “compelling state interest.” Applying that standard in the present case, the Court found that the current restrictions on hiring and firing public school teachers unquestionably negatively impacted the quality of public education. Worse, the Court could find no legitimate public reason, “much less a compelling one,” for the program. Thus, the laws were deemed unconstitutional.

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