Pernicious state laws, school-district policies, and collective-bargaining provisions that are hindering academic progress and violating the right of students to a quality education. Once those educational barriers are identified, they can be eliminated through judicial action—exactly what courts are supposed to do in our system of checks and balances, and exactly what the court did in Vergara v. California.
Last month's landmark Vergara v. California ruling is important for reforming failing public schools. Superior Court Judge Rolf M. Treu found that California's education statutes—specifically its policies on teacher tenure, dismissal and layoffs—cause vast disparities in teacher quality that result in equally vast disparities in educational outcomes. This, the court ruled, violates the equal protection clause of the state's constitution.
"... courts must address the quality of the educational experience," not just the "lack of equality of education." If a state's educational system is not meeting the basic needs of students, courts must intervene even if all children are receiving an equally bad education.
Read the Full Article at:
http://online.wsj.com/articles/joshua-lipshutz-the-legal-road-map-to-reform-public-schools-140486153...
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