Teaching Profession Opinion

Gov. Brown Appeals Vergara, Creating Electoral Issue

By Charles Taylor Kerchner — August 31, 2014 1 min read
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The ink was hardly dry on the judge’s final ruling before California Gov. Jerry Brown filed an appeal of the ruling that struck down statutory job protections for teachers. Attorney General Kamala Harris filed the appeal on behalf of the governor and the state..

As we wrote earlier, Los Angeles Superior Court Judge Rolf M. Treu had issued his final judgment declaring three tenure and layoff provisions of California law unconstitutional.

The California Teachers Association and the California Federation of Teachers, who joined the suit, are expected to appeal also.

On Friday, State Superintendent Tom Torlakson asked Atty. Gen. Harris to file the appeal, which she did.

According to the Associated Press, the one-page notice of appeal said that under the state’s constitution “the important issues presented in this case—if they are to have statewide legal impact—must be reviewed by a higher court, either the Court of Appeal or the Supreme Court of California.”

Several grounds for appeal were listed, including the fact that the actual school districts involved with the nine named students were dismissed from the lawsuit before the trial, and that Treu failed to provide details for the legal basis of his ruling.

The appeal not only becomes an issue in court but also in the fall elections. Brown’s Republican opponent, Neel Kashkari, strongly supports the Vergara ruling as does Marshall Tuck, who is challenging Torlakson for reelection. Brown has a commanding lead in the polls, but Torlakson faces what appears to be a tight race.

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