New York State Challenge Planned on Teacher Tenure Law

Leslie Brody:

A new advocacy group is helping parents prepare a challenge to New York’s teacher tenure and seniority laws, contending that they violate children’s constitutional right to a sound basic education by keeping ineffective teachers in classrooms.

Campbell Brown, a former CNN anchor who has been a critic of job protections for teachers, launched the group, Partnership for Educational Justice, in December. She said six students have agreed to serve as plaintiffs, arguing they suffered from laws making it too expensive, time-consuming and burdensome to fire bad teachers.

The preparations to challenge the state’s tenure laws this summer follow a landmark ruling in California earlier this month. Los Angeles Superior Court Judge Rolf M. Treu struck down the state’s laws on tenure, dismissal and seniority, saying they disproportionately saddled poor and minority students with incompetent teachers. Evidence that ineffective teachers hurt learning, he wrote, “shocks the conscience.”

California unions that intervened in the case, Vergara v. California, said they would appeal, and legal analysts predicted the ruling would inspire similar suits around the country.