Vergara Verdict


  • From the beginning, this lawsuit has highlighted the wrong problems, proposed the wrong solutions, and followed the wrong process. This lawsuit was not about helping students, but yet another attempt by millionaires and corporate special interests to undermine the teaching profession and push their agenda on California public schools and students.
  • CTA, CFT and its education partners will appeal today’s disappointing decision, while we continue to proceed with providing all our students a quality education. There is nothing unconstitutional about these laws and the plaintiffs clearly failed to show harm to any student. Testimony and research actually showed that experience enhances teacher effectiveness and increases student productivity at all grade levels, and that all three of the issues in this case contribute to better outcomes for students.
  • Circumventing the legislative process to strip teachers of their due process rights will not improve student learning, will make it harder to attract and retain quality teachers in our classrooms, and ignores all the research that shows experience is a key factor in effective teaching.
  • California’s probationary law gives a school administrator two years to determine if a teacher is effective or not. During those first two years a teacher can be fired for no reason at all. Prolonging the probationary period would not benefit students, and would have the unintended effect of keeping ineffective new teachers in classrooms longer.
  • California’s experience-based layoff system is fair, objective, and the most efficient way for school districts to deal with the unfortunate circumstance of layoffs due to budget cuts or declining enrollment. Current law already allows districts to consider student needs and other factors when issuing layoffs. But switching to an “effectiveness”-based system based largely on student standardized test scores, as the plaintiffs advocated would turn what is now a fairly streamlined system into a logistical nightmare.
  • California’s due process in performance-based dismissal cases helps ensure teachers are not fired for speaking out on behalf of students, or for teaching subjects some find controversial. They allow teachers facing dismissal to present their side of a case, and to have their case heard by objective third parties.
  • The legislature is the place for policy decisions like this, not through court cases brought by phony front groups created by PR firms and millionaires. This week in Sacramento, lawmakers are working together to pass a bill that would streamline the dismissal process to keep students safe, while protecting the due process rights of educators. AB 215 was unanimously approved by the state Senate and is expected to be approved by the Assembly and signed by the governor. The bill prioritizes updates and streamlines the teacher discipline and dismissal process.

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