LA School Report's Michael Janofsky, in Analysis: Vergara Approaching Time for Tru Judgment, fundamentally misstates the issues in Vergara v. California, which seeks to overturn the state's tenure, seniority, and due process laws.
Janofsky claims that the question is, "Are the laws, as they exist, the best and only way for the state to provide California school children access to a quality education, as the state Constitution provides?"
No! Even the best of laws are the flawed results of the imperfect sausage-making that is self-government. In our constitutional democracy, Janofsky, the corporate reformers, and the economists who testified for the plaintiffs have a right to believe whatever they want about the best ways to help poor children of color. The issue is whether they proved their case, supporting their opinion that duly enacted laws, passed with the intent of helping teachers, but not hurting students, should be stricken.
If those laws are stricken, who will determine the best and only way to provide a quality education?
Janofsky also claims that the plaintiffs' arguments are more "systemic," while the defendants' are more "granular." Perhaps he means that the plaintiffs' experts are economists viewing schools from 30,000 feet, but unaware of education research or facts on the ground. He is correct, however, about their tactic of "using the experiences of nine students as a motif" for showing that California needs better legislation for firing teachers. "The fact that one child’s education could be compromised," writes Janofsky, repeating the plaintiff's public relations spin, "means all children are at risk."
Yeah, that's an interesting motif and a nice soundbite, but it is completely divorced from reality.
I'd say that the demand for a system where no terminations could be mishandled and no students could be assigned an ineffective teacher is a pretty granular goal, and it is downright utopian to boot. Where did we get this idea that because voters haven't cured all our social ills, the elites should determine the laws of the land? Why believe that the corporate funders of Vergara would not, once again, take inequities and make them worse?-JT(@drjohnthompson) Image via.