Today the California Court of Appeal found that certain provisions of the Education Code concerning the hiring, promotion, and tenure of teachers are constitutional, reversing the Superior Court's decision in a huge win for California teachers and students.
My colleagues at the Peterson Law Clinic, Seattle University School of Law filed an amicus brief for Award-Winning California Teachers and others, arguing that the challenged statutes protected children in two important ways: blunting the possible effects of retaliation; and encouraging seniority and stability among teachers. I was happy to serve as local counsel of record on the brief.
Counsel for the plaintiffs Theodore Boutrous has already announced that his clients will petition the California Supreme Court for review, so the story isn't over yet.
Congratulations to Robert Chang, Charlotte Garden, Lorraine Bannai, and their clients!
You can read the Court of Appeal decision here, and the Award-Winning California Teachers brief here. Read coverage in the New York Times and Los Angeles Times. Prior press coverage is here (California Lawyer) and here (New York Times).
I'll update this entry as the situation develops.