The decision by a three-judge panel of the state's Second
Appellate District dealt a blow to education reform groups that sued
on behalf of nine students, saying teacher tenure put poor and
minority students at a disproportionately greater risk of being
taught by less effective instructors.
The June 2014 ruling by a Los Angeles Superior Court judge in a
landmark case known as Vergara v. California had already been put on
hold pending appeal, keeping teacher tenure and other job
protections intact.
The group behind the lawsuit, Students Matter, vowed to appeal
Thursday's reversal to the state Supreme Court.
The case comes at a time of bitter political wrangling over how best
to reinvigorate a U.S. public school system that leaves many
American children lagging behind students in countries such as
Finland and South Korea.
The original decision striking down tenure drew national attention.
Then-U.S. Education Secretary Arne Duncan hailed it as a "mandate"
to fix problems in public schools, while some educational reformers
and newspaper editorialists joined in cheering the ruling.
But teachers unions denounced the decision, and California Attorney
General Kamala Harris appealed with the backing of Governor Jerry
Brown. Both are Democrats.
Teachers unions in California applauded the decision.
"We have a looming teacher shortage that is made worse by lawsuits
like this one and the constant attacks on teachers and public
education," Joshua Pechthalt, president of the California Federation
of Teachers, said in a statement.
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Attorneys for Students Matter argue the state's teacher tenure law
creates high turnover at schools attended by poor students, because
many of those campuses are staffed with younger teachers who may be
effective but lack tenure and its job protections.
"We came to court to defend the rights of California's public school
students and will continue to do so, despite today's temporary
setback," Theodore Boutrous Jr., lead counsel for the student
plaintiffs in the case, said in a statement.
The ruling in California came the same day four parents of Minnesota
school children sued the state, seeking to overturn laws that grant
layoff protection to teachers after three years on the job, among
other statutory protections.
(Reporting by Steve Gorman and Alex Dobuzinskis in Los Angeles and
Eric M. Johnson in Seattle; Editing by Leslie Adler and Peter
Cooney)
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