Vergara Reversal Spotlights Ongoing Equity Concerns

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Publish Date:
April 27, 2016
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Education Week
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Summary

Despite the thousands of dollars spent on glossy PR, both pro and con, over the Vergara v. California case, last week’s decision by a state appeals court to uphold teacher job protections hinged on a far less flashy factor: the arcana of California constitutional law.

From the beginning, both sides in the polarizing case acknowledged that it would probably end up before the state’s supreme court, and those gears are already cranking, with the plaintiffs planning to seek review there.

Ideally, said William Koski, a Stanford University law professor, the ruling will lead to more productive conversations about ways of balancing both protections for teachers and the real disparities students face with regard to access to quality teaching.

“The teachers’ unions are deft if they get out in front of this and say, ‘Let’s make sure our members are protected and supported, while giving assurances that no tenure decisions are going to harm students,’ ” he said.

“The court of appeal’s opinion is very, very sound and well-reasoned. I think it’s going to be an uphill battle,” Koski said.

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