New Jersey Supreme Court Upholds Teacher Tenure (Reader Comments Welcomed)

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NJ SUPREME COURT refused to hear a case that could have eviscerated what is left of teacher tenure by removing seniority as a consideration in the layoffs of tenured instructors. This decision is another court defeat for so called “education reform” groups seeking to attack due process for teachers. Courts in California and Minnesota also rejected legal attacks on teacher tenure in those states.
Ostensibly brought by a group of parents who alleged their children's constitutional rights were denied by tenure, the litigation was part of a national effort--funded by anti-union advocates--to weaken tenure laws. 

The plaintiffs in the case, H.G. v. Harrington, are several Newark Public Schools (NPS) students and parents. The plaintiffs were supported by the Partnership for Educational Justice, a group formed by former television news anchor Campbell Brown, who is behind similar lawsuits about teacher tenure laws in Minnesota and New York.

Although the state (under Gov. Chris Christie) was the nominal defendant, the case bordered on the collusive--the commissioner and Newark school superintendent Christopher Cerf agreed with the plaintiffs. Only the intervention of the Newark Teachers Union and the New Jersey Education Association (NJEA) as defendants made it anything like a true legal controversy. 

The trial court dismissed the case on the grounds of "ripeness" and was upheld by the appellate division. In legalese, ripeness means the plaintiffs failed to show the plaintiffs faced any real, provable harm to back up their allegations. The damage was "speculative," the appeals court ruled--and the state's highest court declined to review the case. 

NTU President John Abeigon said the decision was a major victory for teachers--and it was. Newark's school children still await the day when the courts move to end racial segregation and isolation in schools, underfunding, and the diversion of scarce resources to privatized charter schools.

Statement by the Partnership for Educational Justice on the decision: CLICK HERE

“Of course I’m disappointed that the courts have denied our appeals, but I don’t for a second regret being part of this lawsuit. Any parent would do the same if they saw their child hurt by a broken public education system that values the jobs of chronically ineffective teachers over the future of young students. I have been able to elevate my voice through this lawsuit, and parents like me have banded together to fight for educational justice in New Jersey. It’s up to us, the parents, to make positive change. We’re stronger together, and we will keep on fighting until every child in New Jersey has equal access to the high-quality education they deserve,” said Tanisha Garner, Newark public school parent and the lead plaintiff in HG v. Harrington.

Another good summary of the lawsuit: CLICK HERE. 
Complaint-H.G.-v.-Harrington-Stamped-ORIGINAL: CLICK HERE