As you may have heard in the news, 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 elementary and secondary teacher tenure, dismissal, and layoffs. After thirty-three days of trial, the Court found that the following Education Code sections regarding elementary and secondary certificated employment 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 Statute” layoff laws). None of these statutes apply to community college districts. The Court found that these statutes “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.” Given the specific code sections at issue and the significant differences between community college education and elementary and secondary education – including both the relevant employment processes and the fact that higher education is not compulsory – the tenure, dismissal, and layoff processes for community college faculty are not implicated by the Vergara decision.
The material and information on this web site are made available by School & College Legal Services (“SCLS”) for informational purposes only and should not be considered legal advice. The transmission and receipt of information on the web site do not form or constitute an attorney-client relationship. Persons receiving information on this web site should not act upon the information provided without seeking professional legal counsel. Some links within this site may lead to other sites. The SCLS site does not incorporate any materials appearing in such linked sites by reference, and the firm does not necessarily sponsor, endorse or otherwise approve of such linked materials. SCLS wants you to be aware that when you click on links, which take you to third-party web sites, you will be subject to such third-party privacy policies. While we support the protection of privacy on the Internet, SCLS expressly disclaims any and all liability for the actions of third parties, including without limitation actions relating to the use and/or disclosure of information by third parties.
School & College Legal Services
5350 Skylane Boulevard
Santa Rosa, California 95403
T: (707) 524-2690
F: (707) 578-0517