The California Court of Appeals on April 14 reversed and remanded the trial court's decision, finding that the plaintiffs failed to establish that the state's tenure laws violate students' constitutional rights to equal protection. The judges said that the tenure laws do not determine the assignment of teachers and that the plaintiffs failed to show that the statutes themselves "make any certain group of students more likely to be taught by ineffective teachers than any other group of students."
UFT President Michael Mulgrew issued the following statement in response:
The Vergara plaintiffs’ attack on teacher due-process protections was and is a partisan political crusade masquerading as a court case. The California Court of Appeal has now overturned the lower court’s original decision in Vergara -- a clear demonstration of the weakness of the Vergara case.
In New York, a similar lawsuit – known as Davids/Wright – is now before the New York State Appellate Division. Since the Davids/Wright plaintiffs cited the original Vergara decision as part of their case, we will point out to the Appellate Division that one of the foundations of the Davids/Wright litigation has now evaporated.