We don’t usually associate California with the phrase “education reform.” But a new lawsuit filed by nine students there may have implications for the Empire State.
The case is Vergara v. California, and it aims to overturn several state laws that make it hard, if not impossible, to sack bad teachers. Students Matter, the group behind the suit, says the California laws “unconstitutionally” deprive kids “of their fundamental right” to a quality education. And they point out it is “minority and low-income students” who are hurt most by “grossly ineffective teachers.”
The trial begins a week from now, on Jan. 27. It will be an uphill battle. For one thing, California’s teachers unions oppose the suit. For another, such challenges (especially in pro-labor California courts) often face long odds.
But California’s kids have heavy-hitter lawyers going to bat for them: Ted Olson, of Bush v. Gore fame, and Theodore Boutrous.
Before this suit, both successfully argued to have the US Supreme Court scrap California’s same-sex-marriage ban.
A few years back, New York faced its own lawsuit challenging school legislation on constitutional grounds. The big difference: The teachers unions backed that suit, because it sought more taxpayer dollars for schools (and teachers), even though New York’s per-pupil spending was already one of the highest in America.
And the unions and their allies won.
By contrast, Students Matter argues that “research shows effective teachers are the single most important factor to ensuring a student’s academic success” — even more important than funding. And if a good teacher in the classroom is the key to learning, then making it easier for New York schools to shed ineffective teachers (for instance, by reforming or scrapping tenure and other seniority rules) ought to be a priority.
Now, we’d prefer these changes to be made by elected legislators rather than forced upon the state by a court. And it’s probably too soon to think that we might see a suit here similar to California’s — that is, one based on the interests of minority and low-income kids in New York instead of the teachers unions.
Even so, Students Matter calls itself a national organization that sponsors litigation “to promote access to quality public education.” Spokesman Felix Schein says it’s considering “other states where we could bring cases similar to Vergara. New York is certainly among those states.”
Let’s just say we’re eager to see how it plays out in California.