Wednesday, March 19, 2014

Vergara v. California: The most dangerous lawsuit you probably haven't heard of

http://www.dailykos.com/story/2014/03/16/1284248/-Vergara-v-California-The-most-dangerous-lawsuit-you-probably-haven-t-heard-of?detail=email

Article Photo
Ask yourself one question: what's the biggest challenge preventing children from economically disadvantaged, minority neighborhoods from receiving a quality public education?
There are a lot of things you could say. Massive budget shortfalls. Buildings in a state of disrepair. Inadequate infrastructure and facilities. A massive disparity in funding between districts with haves and districts with have-nots.
Insufficient access to technology. Or perhaps even an unsafe environment with a constant, low-level threat of overhanging violence.
But if you're a group of Silicon Valley billionaires and corporate moguls desperately trying to figure out how to privatize California's public education system in the face an unwilling public and an unwilling legislature,
you might come up with a different answer to the biggest threat facing such children: due process for teachers. And then you just might found a shiny nonprofit as a front and hire a high-powered legal team to file a lawsuit to get the courts to eliminate those due process protections.
Sounds ridiculous? It's not. It's happening right now on the West Coast, where the Vergara v. California trial is in full swing.
right wing big business is the real enemy to American progress for decades it was determined by how well they did now they have excluded "we the people" from sharing in the growth which would make for a true mark of American progress as a reality.
they are the the bosses of those who hold the purse strings as well as the strangle hold on all things that are for those who need help as well as programs that they would benefit as well, but when you mention it in the same breath as America's needy it doesn't even warrant a vote on the floor of congress, because they don't want to talk about it let alone do anything.
they now proclaim there desire to embrace all of that except their actions and wing nut pop ups speak just the opposite, so ask who's zoomin' who?
The lawsuit is funded by a group called Students Matter, which is headed up by Silicon Valley entrepreneur David Welch and counts among its supporters notable figures in the anti-union, pro-charter,
school privatization movement such as Michelle Rhee of StudentsFirst and Eli Broad. Students Matter has brought on the legal team headed by Ted Olson, best known for being President George W. Bush's Solicitor General and winning the Perry v. Schwarzenegge rcase that overturned Proposition 8 and restored marriage equality to California.
It seeks to overturn five basic laws that allow teachers to be flexible and dynamic in the classroom, including tenure protections and the right to a fair hearing in case of accusations of misconduct. The suit alleges that these laws violate the California Constitution by denying children in public schools their constitutionally given right to a quality public education.
This suit seems ridiculous on its face: in order to prove their case, it seems like the plaintiffs would have to prove that eliminating these protections would result in objectively better teachers, which seems like a hard case to make.
And even though Students Matter has carefully selected as plaintiffs students from underprivileged backgrounds who were allegedly harmed by laws that allowed "under performing teachers" to stay in the classroom,
the suit would have to prove not just that these particular students were harmed, but that the harm that was done to these nine students should compel the state to void these five laws, regardless of the systemic effects. And if the suit succeeds on those merits, there could be very serious national consequences. As Karoli Kuns writes at Crooks and Liars:
and now everyday you hear how wonderful they are and they are dropping their previous "VALUES" now known as "PRINCIPLES" which is the same game with another name, reaching out is just a figment of their humorous view of "we the people" as they toss us bones of deception.
while in the back room they are vigorously perusing the same agenda with a couple of things from old rebuked plans, but by the moguls initiating the plan, we see less of the real dirty crap the right wing is engaged in.