Judge Rolf Treu has ruled that teachers’ tenure violates California students’ constitutional right to an education.
The California Constitution, which I am now reading for the first time, has an entire section on education (also, an entire section on water), it specifically mandates state funding for the University of California, and it states, right at the beginning, a fundamental right to privacy. (Using the word “privacy,” which does not occur in the US constitution.) Yay California Constitution!
Back to Judge Treu, he has found that the right to an education implies a right to good teachers, and that tenure causes students to have bad teachers. Hence tenure is unconstitutional. Also the bad teachers disproportionally end up in districts with poor and minority students, so tenure is unconstitutional also on equal protection grounds. I am now looking forward to conservative California judges striking down other laws and regulations that affect the educational opportunities of poor and minority students, including prop 209.