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Los Angeles Times
Los Angeles Times
National
Howard Blume

In major win for teachers unions, Calif. Supreme Court lets tenure ruling stand

LOS ANGELES _ In a major victory for teachers unions, the California Supreme Court has let stand a ruling that preserves traditional teacher job protections such as tenure and seniority-based layoffs.

In refusing to hear the case, the state's high court sided not only with unions, but also the state of California and others, who contended that these job protections are both constitutional and reasonable.

The case was being closely watched across the country as a bellwether of whether courts could be used to invalidate employment rights of teachers on the grounds that they violate the rights of students.

Attorneys for a group of nine students had argued that making it easier to fire bad teachers would improve academic performance. They also claimed that speedier teacher dismissals would narrow the achievement gap that separates white, Asian and wealthier students from their lower income, black and Latino peers.

California has among the strongest teacher job protections, and if a teacher invokes them, they increase the time and cost of the dismissal process.

The plaintiffs had prevailed at trial, in a 2014 decision by Los Angeles Superior Court Judge Rolf Treu. But that verdict was unanimously overturned by a three-judge appeals panel in April.

"We applaud the state Supreme Court's affirmation of the appeal court decision," said Joshua Pechthalt, president of the California Federation of Teachers. "We can now turn closer attention to solving the actual problems we confront in our schools."

Pechthalt said that the more crucial challenges include securing increased funding, reducing class sizes and confronting a looming teacher shortage.

By refusing to hear the litigation, the state's high court left the debate over these employment rules to the state Legislature, which has moved cautiously on the issue. Teachers unions are among the most influential political forces in the state.

The suit had been pursued by the Silicon Valley-based group Students Matter, which is supported by philanthropists who have battled unions on various issues.

"While we are disappointed in the Supreme Court's decision to not grant review, we are grateful to the courts for shining a much-needed spotlight on these shameful laws and the enormous harm they inflict on thousands of children every year," said David Welch, the group's founder. "But the fight is not over."

Welch said the case had "changed the conversation" about how students are being shortchanged by laws that protect their instructors.

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