For supporters of education reform, a recent decision by California Judge Rolf Treu, ruling teacher tenure unconstitutional, was transformational.
Now schools can freely fire bad teachers and put the U.S. back on top as the best educational system in the world. Of course very few legal battles end after one court decision and this case will be no different.
By concluding that the due process protections afforded to educators under tenure denied students “equal opportunity to achieve a quality education,” Judge Treu seems to ignore that correlation does not prove causation.
If tenure unfairly protects teachers, there should be a considerably higher number of teachers fired per year at schools where tenure is not available. The data, however, show that is not the case. Believing tenure is to blame for low termination rates and proving that tenure keeps bad teachers in the classroom are two very different things…