2011-03-04 "Teacher Layoff Plans in Los Angeles Pose Broad Implications" by JENNIFER MEDINA from "New York Times" newspaper
[http://www.nytimes.com/2011/03/05/us/05layoffs.html?scp=1&sq=teacher layoff plans&st=cse]
LOS ANGELES — Last year, when the school district here handed out thousands of layoff notices, Samuel Gompers Middle School in South Central stood to lose half of its roughly 150 teachers. Now, with the district planning to lay off as many as 4,500 teachers under what school leaders call a doomsday budget, the school could have been even worse off.
But under a court ruling, not a single teacher at the school would be let go. Instead, Gompers and 44 other schools in the Los Angeles Unified School District would be exempt from any layoffs at all.
The ruling, which ratified a settlement agreed to by plaintiffs and the school district, is being appealed by the teachers’ union. And even as it plays out in a state where schools are facing the prospect of devastating layoffs, it could have implications for districts across the country facing similar cuts. The lawsuit has the support of, among others, Mayor Antonio R. Villaraigosa, who once worked for the teachers’ union here.
Last spring, the American Civil Liberties Union and other civil rights groups sued the school district on behalf of parents, saying that their children’s right to an education, guaranteed in the State Constitution, would be violated by the layoffs. Like most districts in the country, Los Angeles has long had an agreement with the union that layoffs are based primarily on seniority, so that the most recently hired teachers are the first to go. That left schools like Gompers, already saddled with high teacher turnover, the most vulnerable.
Lawyers for the parents argued that the layoffs would disproportionately affect poor, black and Latino students, who are more likely to attend schools that are difficult to staff and have a high proportion of inexperienced teachers.
If the ruling is upheld for the seemingly inevitable layoffs this summer, Los Angeles, the second-largest district in the country, will be among the first to dismiss teachers using criteria other than seniority.
“It’s simply crazy to say that we have to do this based on when people were hired,” Mr. Villaraigosa said in an interview. He has spent considerable effort attacking the union’s policies in recent months and said that the lawsuit was just one of many steps he hopes will overhaul the way hiring and firing is done in the city’s schools.
“This is really just the tip of the iceberg,” he said. “But we have to start somewhere. We haven’t had any other kind of real change, and this clearly opens the door to more.”
But Julie Washington, the vice president of United Teachers Los Angeles, said that the ruling was “gutting seniority” and that the new layoff process would wreak havoc in the city’s schools. In the last several months, Ms. Washington has received dozens of calls from union leaders in other parts of the country who worry that they could soon be fighting similar lawsuits.
“You could have a senior teacher who is a nine-year veteran and has spent thousands of hours training and getting better here lose her job,” Ms. Washington said. “All of that is just disregarded with one swoop.”
In essence, the ruling put the rights of students above the job protections that teacher unions widely consider sacrosanct.
“These students deserve the best of what we have promised them,” said Catherine Lhamon, a lawyer with Public Counsel and one of the lead lawyers in the case. “If you have students who are going to see 17 different teachers in a year because so much is churning, they are not getting that. This puts districts on notice that they cannot do that, no matter what the budget circumstances are.”
With districts in California likely to issue as many as 30,000 layoff notices to teachers in the next two weeks — state law sets a March 15 deadline for the notices to go out — and school systems across the country facing huge budget cuts, the battle here will be closely watched. And parents and advocates in other cities could file similar lawsuits.
But the case also points to a split among the advocates who are pushing for the changes. Many political and school leaders say that seniority-based layoffs are antiquated and should be abolished entirely. Michelle Rhee, the former chancellor of the District of Columbia schools, and Mayor Michael R. Bloomberg of New York have crusaded against so-called “last in, first out” policies for years. For them, the court ruling is Los Angeles does not go far enough.
In many ways, some advocates see the battle between politicians and unions leaders as a distraction. More important, they say, is the fact that after years of budget cuts the students who have the greatest need for stability in school have become the least likely to have it.
“It is really cynical for the political vultures to make this about a victory against the unions,” said Michelle Fine, a professor at the City University of New York who testified for the plaintiffs as an expert witness in the case. “This is really just about how we distribute the pain. The remedy itself is very sad.”
The plan would most likely mean teacher layoffs in middle-class areas that are accustomed to having the same teachers come back year after year. So while Sonia Miller, the principal at Gompers, will have less turmoil this year, the churn will be passed on elsewhere.
“You cannot emphasize how hard it is to teach at a place like this, and to have teachers who want to be here walk out the door is devastating,” she said. “What I want is for my kids to have a fighting chance, and that’s all I really care about. This ruling will by no means make equal education across the board, but at least we will have a chance.”