On Tuesday, a California superior-court judge ruled that the state’s teacher tenure system discriminates against kids from low-income families. Based on testimony that one to three percent of California teachers are likely “grossly ineffective”—thousands of people, who mostly teach at low-income schools—he reasoned that current tenure policies “impose a disproportionate burden on poor and minority students.” The ruling, in Vergara v. California, has the potential to overturn five state laws governing how long it takes for a teacher to earn tenure; the legal maneuvers necessary to remove a tenured teacher; and which teachers are laid off first in the event of budget cuts or school closings.
Tenure has existed in K-12 public education since 1909, when “good-government” reformers borrowed the concept from Germany. The idea spread quickly from New Jersey to New York to Chicago and then across the country. During the Progressive Era, both teachers unions and school-accountability hawks embraced the policy, which prevented teaching jobs from being given out as favors by political bosses. If it was legally difficult to fire a good teacher, she couldn’t be replaced by the alderman’s unqualified sister-in-law.
Tenure remains common in schools around the world, but since 2009, two-thirds of American states have weakened their teacher-tenure laws in response to President Obama’s Race to the Top program. California, where Governor Jerry Brown is far more sympathetic to the teachers unions than most governors, was not among them. The Vergara ruling is an especially big blow to unions on typically sympathetic turf.
