California Supreme Court Strikes Down Vergara Appeal

560px-School-education-learning-1750587-hHere’s an axiom of California politics. When it’s the teachers union against everyone – that’s right, everyone else – the teachers union wins. Yesterday’s decision by the California Supreme Court to not hear the Vergara case is just the latest example.

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Prior to losing on appeal, which brought the case to the attention of the State Supreme Court, the original Vergara ruling upheld the argument of the plaintiff, which was that union supported work rules have a disproportionate negative effect on poor and minority students. As reported in the Los Angeles Times in June 2014:

“Los Angeles Superior Court Judge Rolf M. Treu tentatively ruled Tuesday that key job protections for California teachers violated students’ rights to equal educational opportunity. Treu struck down state laws that grant teachers tenure after two years, require seniority-based layoffs and govern the process to dismiss teachers. He ruled that those laws disproportionately harmed poor and minority students… [writing:]

‘All sides to this litigation agree that competent teachers are a critical, if not the most important, component of success of a child’s in-school educational experience. All sides also agree that grossly ineffective teachers substantially undermine the ability of that child to succeed in school. Evidence has been elicited in this trial of the specific effect of grossly ineffective teachers on students. The evidence is compelling. Indeed, it shocks the conscience.’”

And the evidence was indeed compelling. Watch these closing arguments in the case, and note that the plaintiff’s attorney used the testimony of the expert witnesses called by the defense attorneys to support his arguments!

But it isn’t just the union’s hand-picked experts who are against the teachers unions, when they reveal under cross-examination that union work rules indeed harm students, and disproportionately harm low-income and minority students. It’s every interest group, every stakeholder. Why, for example, would a teacher want to work in an environment where you come in and you care about students and you’re talented and you work very hard to get through to all of your students and get good educational results, and in the classroom right next to you somebody just shows up every day and doesn’t do anything? They make as much money as you do, and if they stick around, they get increases every year just like you will. If they are incompetent, they will not be fired. And if there’s a layoff, if they’ve been on the job one year longer than you, they’ll stay and you’ll go.

No wonder there’s a teacher shortage. Consider these statistics that measure teacher sentiments regarding the work rules that were challenged by the Vergara plaintiffs:

  • Teacher effectiveness should be a factor in granting tenure:
    72% of teachers agree, 93% of principals agree.
  • Students’ interests would be better served if it were easier to dismiss ineffective teachers:
    62% of teachers agree, 89% of principals agree.
  • Students’ interests would be better served if layoff decisions took teacher effectiveness into account:
    67% of teachers agree, 83% of principals agree.

Then there’s the social agenda of the teachers union. Their social agenda, in essence, is to indoctrinate California’s students – most of whom are people of color, and millions of whom are members of recent immigrant families – into believing they live in a racist, sexist nation, where they are condemned to lives of discrimination and thwarted achievement, when precisely the opposite is the reality. In reality, America is the most tolerant nation in world history, rejecting sexism and racism, and has provided opportunities to people of all backgrounds in measures that dwarf all other nations and cultures. But not according to the teachers union.

But this is California, and what the teachers union wants, the teachers union gets.

One small encouraging sign is the fact that two of the three dissenting attorneys are Brown appointees. The fight is bipartisan. It’s disappointing that judges appointed by Wilson and Schwarzenegger ruled against the plaintiffs, and it is possible that part of their motivation was judicial restraint, i.e., to not legislate from the bench.

Which leaves the legislature to change these rules that are destroying public education in California – jobs for life after two years, nearly impossible to fire incompetents, and seniority over merit in layoffs. Virtually any honest legislator in Sacramento will admit, off the record, that they don’t agree with the agenda of the teachers union. Plenty of retired democrats, including Gloria Romero, former Senate Majority Leader, and Antonio Villaraigosa, former Mayor of Los Angeles, have leveled withering criticism at the teachers union. But active politicians are targeted for political destruction if they stand up to the union machine, and they toe the line.

Parents, students, judges, legislators, and teachers themselves are all subordinates of the teachers union. It will take an extraordinary combination of bipartisan cooperation and raw political courage to change the status quo. But let’s be clear – the teachers union has won again, and everyone, everyone, was on the other side.

Ed Ring is the president of the California Policy Center.


  1. What is Permitted to be Said in Public or Private, let alone taught or counseled by Churches – has taken a huge harmful plunge…

    Court ok’s state restrictions on counseling, pastors August 23 Pacific Justice Institute:

    A federal court of appeals this morning upheld restrictions on what some pastors can say to minors struggling with their sexuality and gender.

    The U.S. Court of Appeals for the Ninth Circuit in San Francisco again upheld California’s controversial Senate Bill 1172. SB 1172 bars licensed counselors from assisting youth who want to change or reduce same-sex attractions. The law also prohibits counseling that would steer youth away from gender confusion…

    PJI had also pointed the court to dozens of passages from the legislative record that directly attacked conservative religious viewpoints. According to PJI attorney Kevin Snider, who argued the case at the Ninth Circuit, “The court today simply rewrote legislative history to avoid the uncomfortable reality that the California Legislature unabashedly targeted religious beliefs with this bill.”

    Brad Dacus, president of Pacific Justice Institute, commented, “We are deeply disappointed by today’s ruling because it represents a giant step backwards for religious freedom. A government that can tell a pastor what he can and cannot say during counseling is a government that can tell a pastor what parts of the Bible are off-limits. The court also reminded us today that this law lays the groundwork for further restrictions on parental rights.”

    Soon – Libraries will be Forbidden to have copies of the Bible that fail to pander to the radical homosex agenda, like the heavily propagandized and censored school curriculum in CA Now.
    “Feminist Writer: Put Men in ‘Some Kind of Camp’ with ‘Wardens, of Course!’

    Bindel elaborated on her plan for men, involving putting men in “some kind of camp” – and letting women check them out like library books:

    “I mean, I would actually put them all in some kind of camp…
    Women who want to see their sons or male loved ones would be able to go and visit, or take them out like a library book, and then bring them back.”

  2. I worked for the LAUSD during the time this was all coming in and it poisoned the schools in many more ways than this and was one reason I got out.

    Google “Two Minute Conservative” for more.

  3. retiredxlr8r says

    Public employee unions (teachers unions) are immoral and illegal!
    When an organization can buy politicians with election support and then be rewarded with taxpayer money, then it is unethical, i.e., immoral and illegal.
    All public employee unions should be decertified and disbanded as being inherently opposed to the public good.
    When the public loses control of their schools they lose control of their children’s future.
    Time to wake up California voters and stop voting your pocket book and personal gain, it’s the State and Nation’s good you should be voting for.
    Use wisdom not emotion to vote.

  4. This really looks like a federal Civil RIghts case. Hopefully it can be appealed to the federal courts.

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