Certificated Tenure, Dismissal and Layoffs – Vergara v. California (K-12)

On June 10, 2014, California Superior Court Judge Rolf Treu issued a decision in Vergara v. California (6/10/14, No. BC484642 (Los Angeles Superior Court)), the closely-watched case regarding teacher tenure, dismissal, and layoffs. After thirty-three days of trial, the Court found that the following Education Code sections violate the equal protection clause of the Constitution of California: section 44929.21(b) (“Permanent Employment Statute”); sections 44934, 44938(b)(1) and (2) and 44944 (“Dismissal Statutes”); and section 44955 (“Last-In-First-Out (‘LIFO’) Statute”). The Court, which refers to these statutes together as the “Challenged Statutes,” found that they “impose a real and appreciable impact on students’ fundamental right to equality of education and that they impose a disproportionate burden on poor and minority students.”