Historic Vergara ruling finalized; state has weighty decision on appeal

by Chris Reed | August 28, 2014 11:00 pm

Vergara-Trial-WebsiteA court decision that puts the interests of Latino and black students and parents on a collision course with those of the mostly white members of the California Teachers Association and the California Federation of Teachers has been finalized[1]:

The judge in Vergara vs. California today released his final review of the case, affirming his preliminary decision in June, that five state statures governing teacher employment rules violate the California constitution by denying students access to a quality public education.

In his final ruling, filed yesterday, Judge Rolf Treu, said, “plaintiffs have met their burden of proof on all issues presented.”

The decision effectively starts the clock for the defendants — the state and its two largest teachers unions, which joined the case — on whether to appeal. They have 60 days to decide.

Implications many for governor, state Dems

Cal Watchdog has had extensive coverage of the Vergara decision and its educational and political implications.

Here’s part of a piece from Monday — “Vergara appeal decision[2]: Nixon goes to China for Jerry Brown?”:

He is on cruise control for re-election, so if he backed an appeal — especially on narrow grounds — he wouldn’t face the blowback that [state Superintendent of Public Instruction] Torlakson would.

But at this point in his life, Brown isn’t necessarily thinking about the short term. He may be thinking about history and his lasting legacies.

 Here’s part of a piece from June 12 — “The left-wing theory[3] driving Vergara ruling.”

A point that hasn’t been made nearly enough by the MSM is that the Vergara vs. California ruling rejecting the state’s lax teacher tenure practices depends on a legal doctrine associated with lefty causes. That doctrine deals with “disparate impact” and holds that if a seemingly neutral law has the real-world effect of hurting discrete groups, that law can be seen as de facto discriminatory under constitutional equal protection provisions.

It is most associated with employment discrimination lawsuits challenging standardized tests in government employment. In public education — at least until this week — the doctrine had mostly been invoked in litigation targeting the sharp differences in student discipline by race.

Here’s part of the piece about the Vergara ruling’s potential to dynamite the California Democratic Party coalition from June 24 — “Vergara’s grim implications[4] for CA Dems ignored”:

[The] landmark court ruling [portends a highly] … consequential rift between California Democratic factions. The Vergara vs. California decision posits that state policies which protect mostly white veteran teachers and funnel the worst teachers to schools in poor minority neighborhoods are an unconstitutional affront to equal protection laws. The judge explicitly likened his ruling to Brown vs. Board of Education, the 1954 U.S. Supreme Court ruling that “seperate but equal” public school systems were unconstitutional.

This puts the Democratic coalition at great risk. Its most powerful members — the CTA and the CFT — are accused of orchestrating an assault on the interests of the children of blacks and Latinos — its most loyal voters.

  1. has been finalized: http://laschoolreport.com/just-in-vergara-ruling-stands-judge-rules-in-final-review/
  2. appeal decision: http://calwatchdog.com/2014/08/24/crunch-time-nearing-for-brown-torlakson-on-vergara-appeal/
  3. left-wing theory: http://calwatchdog.com/2014/06/12/the-left-wing-theory-driving-vergara-ruling/
  4. grim implications: http://calwatchdog.com/2014/06/24/some-ca-dem-rifts-are-newsworthy-some-not/

Source URL: https://calwatchdog.com/2014/08/28/historic-vergara-ruling-finalized-state-has-weighty-decision-on-appeal/