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California Court Hands Unions Victory, Reverses Judge Who Said Teacher Tenure Unconstitutional

Posted By Administration, Monday, April 18, 2016

A California appeals court handed teacher unions a big victory Thursday by reversing a trial judge's ruling that found tenure deprived students of a good education.

The 2nd District Court of Appeal said the plaintiffs failed to show tenure and other provisions of the education code were unconstitutional.

"The court's job is merely to determine whether the statutes are constitutional, not if they are 'a good idea,'" presiding Justice Roger Boren wrote.

A Los Angeles Superior Court judge had ruled two years ago that five provisions of the state education code -- including policies allowing teachers to receive tenure within two years and be dismissed during layoffs based on seniority -- were unconstitutional because they deprived some of the state's 6.2 million students of a quality education by keeping more senior, but less effective, teachers on the job.

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