LOS ANGELES, CA - In a major victory for teachers' unions, a state appeals court panel today overturned a Los Angeles judge's ruling that struck down California's laws granting tenure to educators.
The panel ruled that while there appear to be "drawbacks" to the state's statutes governing tenure and the firing of teachers, the plaintiffs in the case failed to prove the laws are unconstitutional.
The ruling by a three-judge panel of 2nd District Court of Appeal struck down a decision made in June 2014 by Los Angeles Superior Court Judge Rolf M. Treu, who found students and teachers alike were "disadvantaged" by the statutes.
The judge noted that teachers have a right to due process when they are being targeted for dismissal, but the current system is "so complex, time consuming and expensive as to make an effective, efficient yet fair dismissal of a grossly ineffective teacher illusory."
The lawsuit, known as Vergara v. California, was filed in May 2012 by a privately funded advocacy group called Students Matter on behalf of nine young plaintiffs, alleging the laws violate students' constitutional rights to an equal education.
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The suit named the state and two teacher unions that later intervened as defendants, the California Teachers Association and the California Federation of Teachers. The unions argued that the laws governing tenure ensure that quality teachers are in classrooms.
In a hearing before the appeals court panel in February, plaintiffs attorney Ted Boutrous argued that teacher job protections result in a "dance of the lemons," in which "grossly ineffective teachers" are simply transferred from school to school.
"It's impossible to dismiss these teachers," the attorney said, adding that poor teachers invariably end up in low-income and minority outposts.
"The students' fundamental right to a quality education is being violated," Boutrous said, urging the panel to affirm Treu's ruling.
But Deputy Attorney General Nimrod Elias argued that there is no evidence that students at some poor and minority schools are being harmed by the protections.
"These laws help reduce teacher attrition," he said. "There are benefits."
Elias also argued that school districts statewide attract educators who might otherwise be dissuaded by what they may consider low pay and difficult working conditions. In California, administrators must in effect decide whether to grant teachers tenure -- permanent employment -- after just 18 months.
In its 36-page ruling, the appeals court panel noted that the case pointed out "deplorable staffing decisions being made by some local administrators that have a deleterious impact on poor and minority students in California's public schools."
"The evidence did not show that the challenged statutes inevitable cause this impact," the court ruled. "Plaintiffs elected not to target local administrative decisions and instead opted to challenge the statutes themselves. This was a heavy burden and one plaintiffs did not carry. The trial court's judgment declaring the statutes unconstitutional, therefore, cannot be affirmed."
Officials with Students Matter said they plan to appeal the ruling.
City News Service; Photo: Shutterstock
HVAC Contractors In NJ can help you obtain your property functioning again. They don't know where to get some advice, though hVAC is a subject that a lot of people want to know about. Thankfully for you, this article is full of great guidelines to help you out. You should continue reading to learn more if this sounds like something you're interested in.
If you must hire someone to help you out with your HVAC system, be sure to learn about all of the requirements your state has legislated regarding licencing and insurance. You need to be able to ask anyone you plan to hire if they meet these requirements before you hire them.
Be sure to learn about all of the requirements your state has legislated regarding licencing and insurance if you must hire someone to help you out with your HVAC system. If they meet these requirements before you hire them, you need to be able to ask anyone you plan to hire.
Be sure to pick ENERGY STAR rated products to use if you want to save money once a new HVAC system is put in place. They are very energy efficient so your new system won't cost you a ton when it comes to your utility bills every month, recouping some of your installation costs.
If you do have a good experience with a HVAC product or contractor, let others know. Go online and post a review so that people can easily find out what and who brands to trust. At the same time, you can check reviews online to learn more yourself about what's available.
By the end of spring, the fan blades and coils of your condenser should be thoroughly cleaned, so operation can proceed with greater efficiency. Shut off power before working or cleaning your system. Clean the outside of your condenser unit regularly.
By replacing it with a new energy efficient one or moving your old one to a shady outside location, you can boost the efficiency of your HVAC unit. The unit will have to do less work cooling this air.
When the weather cools down, turn your outdoor condenser off. This means that you should turn it off to prevent damage if the weather falls under 60 degrees Farenheit. This can keep your system working for years and save you a lot on repairs.
Do you hear a clicking sound when your fan is turning? This may mean that there is something in the way of the blades of the fan. You must replace it, just unbending it will leave the fan unbalanced and can cause further issues, if it gets so bad that the blade bends.
Preferably twice, per year, though you should have your HVAC system inspected at least once. This visit will include a motor inspection and checking the freon. This will keep you energy comfortable and efficient.
Consider an annual service agreement for technicians to regularly inspect your AC unit. Schedule brief inspections for the winter to make sure nothing is obviously wrong. The most important time for an inspection and service is just before it starts getting warm. You don't want to discover an AC breakdown when you need it working most.
There hvac contractors nj are sizing calculators available to determine the proper sized system for your home. If you purchase something too large, you will be throwing away money. Look in the manual or on the manufacturer website for this information.
Looking for an efficient way to cool your home? Consider installing a whole-house evaporative cooler. They use water to cool air instead of traditional chemical coolants, using a ton less energy to cool your home than those other units. That said, they do work best in dry climates and not at all in humid ones.
Every year hire someone to give your HVAC unit routine maintenance. This will ensure that it works properly throughout the entire year. It will also allow you to have lower cooling and heating bills. When your HVAC is running properly, it will use the least amount of energy and save you money.
It's important to have windows and doors that are efficient for the most efficiency for your HVAC unit. Make sure they are tightly sealed so air can't seep in. You can hire a professional to test them all for you and often this testing is free.
If you hear clicking noises from your condenser fan, make sure that it is not striking something inside the unit. It may be bent if it is not hitting something. Do not try to straighten the blades. This could cause it to become unbalanced. Simply replace the blade to ensure proper rotation.
When you are looking to buy a new air conditioner, consider your climate. Dry area, then an evaporative cooler will be your best bet, if you live in a hot. If you live in a humid area, opt for a compressor-style unit as it's the only one which will work.
If you are hunting for an HVAC company, try to find a company that has plenty of equipment experience. The right company should know how to operate the HVAC brands that you want installed or repaired. They should also be able to answer questions that you have about them.
It is important that any contractor you hire is familiar with your make and model of HVAC unit. Ask them what brands they work with most frequently and compare it to what you have. Instead consider who has the best reputation if you can't find a contractor that knows your brand well.
Never hire anyone to work on your HVAC system unless they are licensed and bonded. This industry is one where mistakes happen often and you want to make sure that you are protected. You do not want to be stuck paying for medical bills that are more expensive than the work you were having done.
Determining the right HVAC service professional to provide repair or replacement work can be tough when a certain amount of know-how is lacking. To really ensure that the best approach is being taken, some advance research is essential. Hopefully the material presented above has fulfilled readers' needs for useful insights in this realm.
After touring Syrian refugee camps in Jordan, Republican presidential candidate Ben Carson on Saturday suggested that camps should serve as a long-term solution for millions, while other refugees could be absorbed by Middle Eastern countries.
"I did not detect any great desire for them to come to the United States," Carson told The Associated Press in a phone interview from Jordan. "You've got these refugee camps that aren't completely full. And all you need is the resources to be able to run them. Why do you need to create something else?"
The retired neurosurgeon toured the Azraq camp in northern Jordan under heavy Jordanian security, with journalists barred. Carson's campaign also limited access, not providing his itinerary.
After the Azraq visit, Carson said he didn't learn anything that gives him confidence in authorities' ability to screen potential terrorists. "What I learned is that you're going to get a different answer from everybody depending on what their slant is," he said, reiterating his opposition to allowing any Syrian refugees to come to the United States.
"I always oppose doing unnecessary things, particularly dangerous and costly unnecessary things," he said.
Related: Carson Slams 'Hypocrisy of His Doubters on Foreign Policy
Carson called on the American people not the U.S. government to launch a "humanitarian drive" to raise billions of dollars that officials say is needed to improve conditions for refugees settled across several countries in the Middle East.
"All they need is adequate funding. It's really quite impressive when you go over there and see it," Carson told the AP, adding that some areas had recreational facilities, schools, electricity and indoor plumbing. "They were a lot happier. They were quite willing to stay there as long as it takes before they can get back home."
Carson's visit comes as he tries to strengthen his fluency on international affairs as foreign policy becomes a greater focus in the 2016 presidential contest. Advisers have conceded that his knowledge of global affairs isn't where it needs to be and have expressed hope that missions like his two-day trip to Jordan will help.
Carson and other Republicans have adopted a harsh tone when discussing President Barack Obama's plan to welcome 10,000 Syrian refugees to the U.S. in this budget year. Debate over Syrians fleeing their war-torn country erupted after a series of attacks in Paris earlier this month that raised security concerns across the West.
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