Schoolhouse Shock!: California Court Finds Public Teacher Tenure Unconstitutional
2 min read
Jun 13, 2014
A Silicon Valley-based student advocacy group brought a lawsuit on behalf of nine students against the State of California and various other state agencies and officials and local public school districts, claiming that California's teacher tenure and dismissal laws make it almost impossible to terminate the employment of low-performing teachers. The group further claimed that because a disproportionate share of underperforming teachers are placed in schools having a majority of low-income or minority students, the inability to dismiss teachers violates the equal protection clause of the California constitution, because by preventing schools from being able to terminate underperforming teachers, minority and low-income students are being denied equal access to education. The state and teachers' groups opposed the lawsuit, arguing that the tenure rules are necessary to preserve academic freedom and attract talented individuals to a teaching profession that is generally low-paying.
On June 10, 2014, Los Angeles County Superior Court Judge Rolf Treu, after holding trial on the matter, ruled that California's public school teacher tenure and dismissal laws do violate the equal protection clause of the California constitution. The judge based his conclusion on the principle, established by both California and U.S. Supreme Court decisions, that students have a fundamental right to equality in the educational experience under the state and federal constitutions. The judge then found that the evidence established that ineffective teachers have a significant impact on the quality of students' education and that there are a significant number of grossly ineffective teachers currently active in California classrooms. The judge concluded that the evidence presented at trial proved that the challenged statutes "impose a real and appreciable impact on student's fundamental right to equality of education and [ ] impose a disproportionate burden on poor and minority students," and are therefore unconstitutional.
The California Teachers Association has said that it will appeal the decision, and therefore the decision will not be implemented, if at all, until after the appeals have been exhausted.
The decision, if it stands, could have wide-ranging impact on the way California hires and fires teachers. Because teachers could be fired much more easily, with less cost and less need to justify the termination, it is likely that teachers will be terminated on a much more frequent basis. This, in turn, will no doubt lead to more lawsuits by individual teachers challenging their specific terminations.
Featured Insights

Insights for Employers Alert
Jun 9, 2026
A Win for Employers: Federal District Court Finds $100,000 H-1B Visa Petition Fee is Unlawful

Press Release
Jun 9, 2026
Calvin Edwards Honored With 2026 Rising Star Award by the Black Men Lawyers’ Association

Webinar
Jun 9, 2026
John DeLascio Speaks on How Social Inflation is Reshaping Insurance Risk

Consumer Crossroads: Where Financial Services and Litigation Intersect
Jun 8, 2026
Court Distinguishes Between Clickwrap and Browsewrap Arbitration Agreements

Webinar
Jun 8, 2026
Aimee Delaney and Jason Oliveri Speak on Workplace Generative AI Usage

Insights for Insurers Alert
Jun 8, 2026
New York’s Sweeping Motor Vehicle Tort Law Reforms: More Than Meets the Eye

Privacy, Cyber & AI Decoded Alert
Jun 5, 2026
AI Governance Expectations on the Rise for Insurers Amid New Regulatory Activity

Press Release
Jun 4, 2026
Hinshaw Recognized Nationally in 2026 Chambers USA Directory




