Skip to content
CapRadio

CapRadio

signal status listen live donate
listen live donate signal status
listen live donate signal status
  • News
    • topics
    • State Government
    • Environment
    • Health Care
    • Race and Equity
    • Business
    • Arts and Lifestyle
    • Food and Sustainability
    • PolitiFact California
  • Music
    • genres
    • Classical
    • Jazz
    • Eclectic
    • Daily Playlist
  • Programs + Podcasts
    • news
    • Morning Edition
    • All Things Considered
    • Marketplace
    • Insight With Vicki Gonzalez
    • music
    • Acid Jazz
    • At the Opera
    • Classical Music
    • Connections
    • Excellence in Jazz
    • Hey, Listen!
    • K-ZAP on CapRadio
    • Mick Martin's Blues Party
    • Programs A-Z
    • Podcast Directory
  • Schedules
    • News
    • Music
    • ClassicalStream
    • JazzStream
    • Weekly Schedule
    • Daily Playlist
  • Community
    • Events Calendar
    • CapRadio Garden
    • CapRadio Reads
    • Ticket Giveaways
  • Support
    • Evergreen Gift
    • One-Time Gift
    • Corporate Support
    • Vehicle Donation
    • Stock Gift
    • Legacy Gift
    • Endowment Gift
    • Benefits
    • Member FAQ
    • e‑Newsletter
    • Drawing Winners
    • Thank You Gifts
  • About Us
  • Contact Us
  • Close Menu
 We Get Support From:
Become a Supporter 
 We Get Support From:
Become a Supporter 
  • State Government
  •  

California Appeals Court Strikes Down Vergara Ruling

  •  Ben Adler 
Thursday, April 14, 2016 | Sacramento, CA
Listen
/
Update RequiredTo play audio, update browser or Flash plugin.
 Editor B / Flickr
 

Editor B / Flickr

A California appeals court has reversed a lower court ruling that struck down the state’s teacher tenure and dismissal laws as unconstitutional. It’s a big win for teachers unions and a setback for supporters of overhauling public education.

The Los Angeles County Superior Court’s “Vergara” ruling two years ago sent shockwaves through the state’s education system. The judge ruled that California’s teacher laws disproportionately – and unconstitutionally – harm low-income and minority students.

The California Teachers Association appealed, and the three-justice appeals court panel agreed that the lower court was wrong.

This ruling says that although plaintiffs demonstrated “likely drawbacks” to the teacher tenure, dismissal and layoff laws, they did not demonstrate a “constitutional violation” because they did not show that the laws themselves, as opposed to local school administrators, “inevitably cause this impact.”

“Plaintiffs elected not to target local administrative decisions and instead opted to challenge the statutes themselves,“ wrote 2nd District Court of Appeal Presiding Justice Roger Boren, an appointee of Republican Govs. George Deukmejian and Pete Wilson. “This was a heavy burden and one plaintiffs did not carry. The trial court’s judgment declaring the statutes unconstitutional, therefore, cannot be affirmed.“

The CTA praised the ruling.

“Today’s ruling reversing [Superior Court Judge Rolf] Treu’s decision overwhelmingly underscores that the laws under attack have been good for public education and for kids, and that the plaintiffs failed to establish any violation of a student’s constitutional rights,“ union president Eric Heins said in a statement. “Stripping teachers of their ability to stand up for their students and robbing school districts of the tools they need to make sound employment decisions was a wrong-headed scheme developed by people with no education expertise and the appellate court justices saw that.”

The legal group representing the nine student plaintiffs says it will appeal the ruling to the California Supreme Court.

“The Court of Appeal’s decision mistakenly blames local school districts for the egregious constitutional violations students are suffering each and every day,“ lead plaintiffs' counsel Theodore Boutrous, Jr. said in a statement, “but the mountain of evidence we put on at trial proved — beyond any reasonable dispute — that the irrational, arbitrary, and abominable laws at issue in this case shackle school districts and impose severe and irreparable harm on students.”

California Appeals Court Strikes Down Vergara Ruling


Follow us for more stories like this

CapRadio provides a trusted source of news because of you.  As a nonprofit organization, donations from people like you sustain the journalism that allows us to discover stories that are important to our audience. If you believe in what we do and support our mission, please donate today.

Donate Today  

    Related Stories

  • Andrew Nixon / Capital Public Radio

    California Appeals Court Hears Arguments In High-Stakes Teacher Tenure Case

    Thursday, February 25, 2016
    California teachers unions and education reformers have long battled over the state’s tenure, seniority and dismissal laws. On Thursday, that fight reached a California court of appeals.
  •  Editor B / Flickr

    California Appeals Teacher Tenure Ruling

    Saturday, August 30, 2014
    (AP) -- The governor is appealing a ruling that said California's teacher tenure laws are unconstitutional.
  • Andrew Nixon / Capital Public Radio

    California Teacher Tenure Laws Ruled Unconstitutional

    Tuesday, June 10, 2014
    A judge has struck down the state’s teacher tenure laws in a landmark ruling that could lead to big changes at California schools.

 tenure lawsteacher tenure

Ben Adler

Director of Programming and Audience Development

Director of Programming and Audience Development Ben Adler first became a public radio listener in the car on his way to preschool — though not necessarily by choice.  Read Full Bio 

Sign up for ReCap and never miss the top stories

Delivered to your inbox every Friday.

 

Check out a sample ReCap newsletter.

Thanks for subscribing!

Thank you for signing up for the ReCap newsletter! We'll send you an email each Friday with the top stories from CapRadio.

Browse all newsletters

More Stories

Gregory Bull / AP Photo

Study: Cal State system needs to increase staff pay

May 23, 2022

Kent Nishimura/Los Angeles Times via Getty Images

California debates opening supervised sites for people to use drugs

May 23, 2022

Cynthia S. Goldsmith, Russell Regner/CDC via AP, File

Monkeypox case confirmed in Sacramento County

May 24, 2022

Most Viewed

California coronavirus updates: The COVID surge may be larger than reported

Downtown Sacramento shooting: What we know and latest updates

U.S. Sen. Alex Padilla will appear on California’s June primary ballot twice. Here’s why.

California coronavirus updates: Sacramento County moves from 'low' to 'medium' COVID-19 level

Sacramento County is exploring plans for new homeless shelters. But will they ever get built?

We Get Support From:
Become a Supporter

Most Viewed

California coronavirus updates: The COVID surge may be larger than reported

Downtown Sacramento shooting: What we know and latest updates

U.S. Sen. Alex Padilla will appear on California’s June primary ballot twice. Here’s why.

California coronavirus updates: Sacramento County moves from 'low' to 'medium' COVID-19 level

Sacramento County is exploring plans for new homeless shelters. But will they ever get built?

Back to Top

  • CapRadio

    7055 Folsom Boulevard
    Sacramento, CA 95826-2625

    • (916) 278-8900
    • Toll-free (877) 480-5900
    • Email Us
    • Submit a News Tip
  • Contact Us

  • About Us

    • Contact Us / Feedback
    • Coverage
    • Directions
    • Careers & Internships
    • Mission / Vision / Core Values
    • Press
    • Staff Directory
    • Board of Directors
  • Listening Options

    • Mobile App
    • On Air Schedules
    • Smart Speakers
    • Playlist
    • Podcasts
    • RSS
  • Connect With Us

    •  Facebook
    •  Twitter
    •  Instagram
    •  YouTube
  • Donate

  • Listen

  • Newsletters

CapRadio stations are licensed to California State University, Sacramento. © 2022, Capital Public Radio. All Rights Reserved. Privacy Policy | Website Feedback FCC Public Files: KXJZ KKTO KUOP KQNC KXPR KXSR KXJS. For assistance accessing our public files, please call 916-278-8900 or email us.