Thursday, December 06, 2012


By: Melissa Griffin | Special to The SF Examiner |

S.F. Examiner file photo

S.F. Examiner file photo

11/30/12 6:19 PM  ::  What kind of education is meaningful?

Straight from the “careful how you defend yourself” file is this insight from the California Department of Education, which recently defended itself from allegations that our kids are receiving a substandard education by arguing that, “There is no constitutional right to a ‘meaningful’ education.”

In May, lawyers representing eight children sued the state of California, the California Department of Education and several school districts. The plaintiffs in Vergara v. State of California claim grossly unfit teachers persist in our schools because state law gives tenured teachers extraordinary job protections, and districts have to make decisions about whether to award tenure when teachers have spent less than 18 months on the job. Having these teachers, according to the plaintiffs, deprives certain students of their constitutional right to an education.

The constitutional right to an education requires more than a brick-and-mortar schoolhouse, plaintiffs say.

Students have a right to a “meaningful education” that allows them “basic tools necessary to compete in the economic marketplace or to participate as a citizen in our democracy.” Severely restricting the ability to discipline or terminate ineffective teachers violates this right.

In response, the state tried to get the case thrown out for several reasons, including the grounds that a “meaningful education” is too vague to define. But instead of stopping there or saying all our kids do receive a meaningful education, it made this depressing claim in a public document: “the constitution guarantees only ‘equality of educational opportunity, but no minimum level.’” As long as it’s equally bad, there’s no problem.

The judge declined to dismiss the case and the plaintiffs will now demand to see documents such as teacher evaluations, tenure decisions and student performance reviews. What the plaintiffs find will provide us all with a meaningful education about our public schools.



Vergara v. California: LAWSUIT AGAINST TEACHER TENURE LAWS, SENIORITY RIGHTS ADVANCES + Plaintiff’s Press Release, Court Filings and Background

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