California Appeals Court ruling upholds due process rights for teachers

The California Court of Appeals in Los Angeles on Thursday reversed the lower court’s decision Vergara v. State of California, and reaffirmed that California’s system for attracting and retaining quality teachers is consistent with the state constitution. At issue in the case were five California statutes covering due process rights for teachers, probationary periods, and the value of educator experience when school districts are forced to lay off personnel due to cuts.

“Today was a win for our educators, our schools and most importantly, our students,” said NEA President Lily Eskelsen García.

“Now we must return to working on real solutions to ensure all of our students succeed.  Only when teachers, school boards, and administrators work together can we ensure that there is a great public school for every student.

The Vergara v. State of California lawsuit was an example of using our court system for political goals,” Eskelsen García said. “The unanimous three-judge panel’s opinion states it clearly.  The plaintiffs’ case – instead of addressing and proposing solutions to the real problems – focused on the wrong issues, proposed the wrong solutions, and used the wrong legal process. It was not about helping students and has become a divisive distraction from the real work needed to improve student success.

“Ensuring that every student gets a good education is a critical goal but one that can’t be solved with stripping our teachers of their rights. Today was a win for our educators, our schools and most importantly, our students.”

For the decision visit http://www.courts.ca.gov/opinions/documents/B258589.PDF

Find out more at www.cta.org/vergara

Read California Teachers Association news release:

Educators Applaud Appellate Ruling in Meritless Vergara Lawsuit

Stinging Reversal of Lower Court Decision Vindicates Due Process, Benefits of Challenged Laws to Students, School Districts Contacts: For CTA, Frank Wells at 562-708-5425; For CFT, Fred Glass at 510-579-3343 LOS ANGELES – In a sweeping victory for students and educators, the California Court of Appeal today reversed a lower court decision in the deeply flawed Vergara v.

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