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Teacher Tenure Is Challenged Again in a Minnesota Lawsuit Teacher Tenure Is Challenged Again in a Minnesota Lawsuit
(about 2 hours later)
Opening a new front in the assault on teacher tenure, a group of parents backed by wealthy philanthropists served notice to defendants on Wednesday in a lawsuit challenging Minnesota’s job protections for teachers, as well as the state’s rules governing which teachers are laid off as a result of budget cuts.Opening a new front in the assault on teacher tenure, a group of parents backed by wealthy philanthropists served notice to defendants on Wednesday in a lawsuit challenging Minnesota’s job protections for teachers, as well as the state’s rules governing which teachers are laid off as a result of budget cuts.
Similar to cases in California and New York, the plaintiffs, who are filing the lawsuit in district court in Ramsey County in St. Paul, argue that the state’s tenure and layoff laws disproportionately harm poor, minority children because, they say, the most ineffective teachers are more likely to be assigned to public schools with high concentrations of those children.Similar to cases in California and New York, the plaintiffs, who are filing the lawsuit in district court in Ramsey County in St. Paul, argue that the state’s tenure and layoff laws disproportionately harm poor, minority children because, they say, the most ineffective teachers are more likely to be assigned to public schools with high concentrations of those children.
In the lawsuit, parents of children in public schools across Minnesota argue that the state’s tenure laws, which grant teachers job protections after three years on the job, deprive students of “their fundamental right to a thorough and efficient education” under the state’s Constitution. The suit also argues that state laws that protect the most veteran teachers in the event of layoffs can result in better teachers losing their jobs simply because they have fewer years in the classroom.In the lawsuit, parents of children in public schools across Minnesota argue that the state’s tenure laws, which grant teachers job protections after three years on the job, deprive students of “their fundamental right to a thorough and efficient education” under the state’s Constitution. The suit also argues that state laws that protect the most veteran teachers in the event of layoffs can result in better teachers losing their jobs simply because they have fewer years in the classroom.
As in California and New York, the suit is likely to be fought fiercely by teachers’ unions and other groups that say teacher job protections do not cause educational inequity or lead to underperformers remaining in the classroom. On the contrary, they say, tenure offers teachers protection from arbitrary or politically motivated firings. As in California and New York, the suit is likely to be fought fiercely by teachers’ unions and other groups that say teacher job protections do not cause educational inequity or lead to underperformers remaining in the classroom.
“Lawsuits like this stymie the real work that this lawsuit says it wants to do: growing and nurturing a great teaching force,” said Randi Weingarten, the president of the American Federation of Teachers, the country’s second-largest teachers’ union. “That happens by recruiting, mentoring, supporting and retaining teachers, not firing them.”
She added, “Stripping teachers of workplace protections will harm, not help, those students most at risk.”
And at a time of teacher shortages in some parts of the country, advocates of tenure say it is one of the few incentives that districts can offer when recruiting educators or persuading them to stay.And at a time of teacher shortages in some parts of the country, advocates of tenure say it is one of the few incentives that districts can offer when recruiting educators or persuading them to stay.
Opponents of such litigation also say public schools have more pressing problems than tenure protections, like inequitable funding, insufficient preparation for new teachers and a lack of coordinated support for children who face myriad challenges as a result of poverty.Opponents of such litigation also say public schools have more pressing problems than tenure protections, like inequitable funding, insufficient preparation for new teachers and a lack of coordinated support for children who face myriad challenges as a result of poverty.
“Minnesota has some of the most hard-working and talented teachers in the nation, and we are committed to ensuring every student has a dedicated and competent teacher,” said Brenda Cassellius, Minnesota’s commissioner of education.“Minnesota has some of the most hard-working and talented teachers in the nation, and we are committed to ensuring every student has a dedicated and competent teacher,” said Brenda Cassellius, Minnesota’s commissioner of education.
“We also have rigorous laws that protect due process for teachers and that, when followed, provide school administrators and school boards with the authority to remove teachers. We are reviewing the lawsuit, and are unable to comment further until that review is complete.”“We also have rigorous laws that protect due process for teachers and that, when followed, provide school administrators and school boards with the authority to remove teachers. We are reviewing the lawsuit, and are unable to comment further until that review is complete.”
Changing tenure rules “is a piece of the puzzle” in improving public schools, said Daniel Weisberg, the chief executive of TNTP, formerly the New Teacher Project, an educational policy nonprofit.Changing tenure rules “is a piece of the puzzle” in improving public schools, said Daniel Weisberg, the chief executive of TNTP, formerly the New Teacher Project, an educational policy nonprofit.
“Just as doing a better job of retaining your irreplaceable teachers is a piece of the puzzle and having a positive school culture that teachers want to work in,” he said. “These are not mutually exclusive.”“Just as doing a better job of retaining your irreplaceable teachers is a piece of the puzzle and having a positive school culture that teachers want to work in,” he said. “These are not mutually exclusive.”
Two years ago, in a landmark ruling considered a significant setback for teachers’ unions, a Los Angeles Superior Court judge struck down five state statutes connected to tenure and seniority in layoffs. This year, the case, known as Vergara v. California, moved to an appeals court. The New York case has yet to go to trial, although a judge has twice declined the defendants’ motions to dismiss the case.Two years ago, in a landmark ruling considered a significant setback for teachers’ unions, a Los Angeles Superior Court judge struck down five state statutes connected to tenure and seniority in layoffs. This year, the case, known as Vergara v. California, moved to an appeals court. The New York case has yet to go to trial, although a judge has twice declined the defendants’ motions to dismiss the case.
The Minnesota lawsuit names the state, Gov. Mark Dayton, the state Education Department and its commissioner as defendants. The case is being supported by Partnership for Education Justice, a New York-based advocacy group that receives its primary funding from the foundations of the Walton family, the founders of Walmart, and the Los Angeles billionaire Eli Broad. Students for Education Reform, a group that also receives funding from the Broad and the Walton Family Foundations, is also backing the suit.The Minnesota lawsuit names the state, Gov. Mark Dayton, the state Education Department and its commissioner as defendants. The case is being supported by Partnership for Education Justice, a New York-based advocacy group that receives its primary funding from the foundations of the Walton family, the founders of Walmart, and the Los Angeles billionaire Eli Broad. Students for Education Reform, a group that also receives funding from the Broad and the Walton Family Foundations, is also backing the suit.
Tenure, which grants teachers extensive due process rights when administrators seek to dismiss them, is one of the bedrock job protections for public schoolteachers in the United States.Tenure, which grants teachers extensive due process rights when administrators seek to dismiss them, is one of the bedrock job protections for public schoolteachers in the United States.
In Minnesota, the plaintiffs say that in practice, tenure is all but a lifetime guarantee of employment. Administrators, the lawsuit argues, run into overly burdensome procedures that make it virtually impossible to fire ineffective teachers.In Minnesota, the plaintiffs say that in practice, tenure is all but a lifetime guarantee of employment. Administrators, the lawsuit argues, run into overly burdensome procedures that make it virtually impossible to fire ineffective teachers.
What’s more, the plaintiffs say such teachers are often assigned to schools with the most disadvantaged students, including schools where the vast majority of students are minorities, while teachers with seniority are able to request placements in schools with more affluent student populations.What’s more, the plaintiffs say such teachers are often assigned to schools with the most disadvantaged students, including schools where the vast majority of students are minorities, while teachers with seniority are able to request placements in schools with more affluent student populations.
“These laws have the effect of poorly performing, ineffective teachers staying in the classroom for years on end,” said Jesse Stewart, a lawyer who will be arguing the case on behalf of the plaintiffs. “You have teachers who are demonstrably ineffective teaching students who need the best that’s out there,” Mr. Stewart added.“These laws have the effect of poorly performing, ineffective teachers staying in the classroom for years on end,” said Jesse Stewart, a lawyer who will be arguing the case on behalf of the plaintiffs. “You have teachers who are demonstrably ineffective teaching students who need the best that’s out there,” Mr. Stewart added.
In one example cited in the legal complaint, teachers at a school in Minneapolis where nearly all the students identify as minorities and are eligible to receive free or reduced price lunches had the lowest average performance ratings in the district.In one example cited in the legal complaint, teachers at a school in Minneapolis where nearly all the students identify as minorities and are eligible to receive free or reduced price lunches had the lowest average performance ratings in the district.
The suit also tackles the rules by which teachers are laid off strictly by seniority during financial downturns. Tiffini Flynn Forslund, one of the named plaintiffs and the mother of a 17-year-old high school junior in the Anoka-Hennepin School District, said her older daughter’s beloved fifth-grade teacher was laid off during budget cuts because he had less seniority than other teachers in the school.The suit also tackles the rules by which teachers are laid off strictly by seniority during financial downturns. Tiffini Flynn Forslund, one of the named plaintiffs and the mother of a 17-year-old high school junior in the Anoka-Hennepin School District, said her older daughter’s beloved fifth-grade teacher was laid off during budget cuts because he had less seniority than other teachers in the school.
“It didn’t make sense to me that you would let go of a good teacher,” said Ms. Forslund, who worked with other parents to try to get the Legislature to change the state’s tenure and layoff laws.“It didn’t make sense to me that you would let go of a good teacher,” said Ms. Forslund, who worked with other parents to try to get the Legislature to change the state’s tenure and layoff laws.
In 2012, the state House and Senate passed a bill that would have eliminated the so-called last in, first out rules for layoffs in schools. Mr. Dayton, a Democrat, vetoed the bill.In 2012, the state House and Senate passed a bill that would have eliminated the so-called last in, first out rules for layoffs in schools. Mr. Dayton, a Democrat, vetoed the bill.