[quote=bearishgurl]
How this plays out in the real world is that the teachers with the most seniority are often found teaching in the schools where they perceive to be the easiest to teach in. These are the schools where nearly every child has eaten breakfast at home and completed their homework the night before. In other words, schools where most of the students have stable homes with parent/guardians in residence who can regularly afford to buy a variety of groceries and have the time to see to it that their kids complete the work required of them.
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Isn’t this part of the problem. In the private sector your best and brightest employees are assigned to the most difficult problems. They’re the most qualified and gifted to figure out how to solve that problem. In public education the best and longest tenured teachers get assigned to the easiest problems. It might be enjoyable to have a room full of kids ready and eager to learn. It might be really easy and problem free but you’re one of the best and highest paid teachers and you’re dealing with the easiest problem. It’s an ineffective use of money from a goal of trying to educate every student. It’s great for the teachers but it’s terrible from a taxpayer perspective.
[quote=bearishgurl]
I don’t see this decision holding up under appeal as the “facts” cited here (if they are truly part of the ruling) don’t comport with CA education law as it applies to the intricacies of how seniority is dealt with in collective bargaining agreements.[/quote]
It was ruled unconstitutional. So the fact that it violates CA education law doesn’t really matter. The question is does it violate the constitution or not. If those education laws are in conflict with this ruling than those education laws could be found unconstitutional as well.
In general rights are valued more contract law. For example we could draft a contractual agreement that I’m your slave, but if that was brought to court the contract would be found null and void because it isn’t constitutional.
It will be interesting to see how this plays out. I could certainly see it being overturned and getting appealed to the supreme court. I could see CA supreme court overturning it and the US Supreme court not taking it. That’s probably the best case scenario for the union. With the current make up of the US Supreme court I could see them keeping this ruling but you never know. It’s definitely a tricky one to decide.
