AFT President Randi Weingarten on Vergara v. California Petition for Review

WASHINGTON—AFT President Randi Weingarten on brief filed to California Supreme Court in Vergara v. California petition for review:

“Plaintiffs’ counsel in Vergara keep invoking the best interests of children as the rationale for their legal filings. So, if that is really true, why not try to actually solve the real crisis in public education by bolstering our capacity to hire, support and retain the best teachers to improve teaching and learning?  

“The unanimous California Court of Appeal decision issued in April was extensive and thoughtful in carefully analyzing the facts and applying the law, and we believe that the state Supreme Court will rightly refuse to hear this case.

“The Court of Appeal unanimously rejected the Vergara plaintiffs’ argument, finding the case had no constitutional basis. It found no evidence to support plaintiffs’ claim that students are harmed by state statutes that protect educators’ rights in California. We believe those statutes should never be used as a cloak for incompetence or an excuse for managers not to manage. However, while we agree with the Court of Appeal that the evidence showed that some administrators have failed to apply the law properly, we also agree, along with legal scholars, educators and civil rights activists, that there was no evidence the statutes themselves, rather than discretionary decisions by administrators, directly caused any of the disadvantages cited by the plaintiffs.

“It is now well past time that we move beyond expensive, distracting and divisive lawsuits like Vergara. Scapegoating and demonizing professional educators is no way to realize a thriving public education system. 

 “America can’t fire its way toward better public schools. Denying teachers a voice only makes the problems of inadequate resourcing worse. The best way to ensure every child has the opportunity to realize his or her full potential is to get serious about public investment in education and end the teacher shortage by restoring dignity to the profession and resources to the classroom.
 
“Instead of pitting parents against teachers, we need to come together to drive solutions. Only then can equal treatment for all children become a reality—in practice as well as theory.”