A California Supreme Court majority declined to hear Vergara v. California, the case that challenged teacher tenure and other job protections for teachers. Instead, the court’s 4–3 decision let stand an appeals court ruling in April that said it was up to the Legislature to set education policy.

The Vergara litigation was closely watched across the country as a test of whether the courts would invalidate due-process rules for teachers on the basis of arguments by anti-union forces that said those protections violate the rights of students. The case inspired similar challenges to teacher tenure in New York and Minnesota.

Students Matter, which brought the Vergara lawsuit in 2012 on behalf of nine students, was founded by Silicon Valley entrepreneur David Welch and has access to a network of philanthropists and foundations willing to bankroll its business-inspired vision of education reform. Welch said his group plans to aggressively push the California Legislature to reform state laws governing the hiring and firing of teachers.

AFT President Randi Weingarten said the Vergara case distracted from real problems and potential fixes. Schools, she said, need smaller classes, an influx of new teachers and more generous and secure funding. She said the Vergara backers pretend there are “simple silver-bullet solutions — that you can fire, threaten or sanction your way to helping children succeed.”

Los Angeles Times, Aug. 23