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Vegara v. California inconsistencies

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In the recent Vegara v. California lawsuit, funded and launched by David Welch, one of the prime allegations was that the teachers of the 9 students whom Welch rounded up to front the lawsuit were incompetent.

Bruce Maiman, in a July 1 Viewpoints article in the Sacramento Bee, has shed a little light on the allegations. He dug into the teachers the children had.

His findings? A bit different than "incompetent", at least for 4 of the plaintiffs. The Vergara sisters, whose last name identifies the lawsuit, were taught at charter and pilot schools.

Teachers at most charter schools, and pilot schools, are at will employees. They do not have, nor do they gain, tenure. They may be let go at any time. While they may have some protection under due process laws, tenure isn't one of them.

The question then arises about the veracity of not only the lawsuit, but of how tenure has had any effect on these children at all. If these teachers were incompetent, grossly or otherwise, how is it that they were still teaching in this type of setting?

Maiman found another piece of information that is equally interesting. One of the plaintiffs, not named, had Christine McLaughlin as a teacher. McLaughlin was named Pasadena Teacher of the Year in 2013. According to Maiman, she is a recognized excellent teacher.

McLaughlin did testify at the trial, and said that despite her recognition as an excellent teacher, she has received 4 layoff notices. The article did not say how long she has been teaching, whether she was in a temporary teaching slot, or was tenured.

The outcome of this lawsuit is far from final. With all of the testimony under review, the entire venture is sure to provide grist for both sides. Readers who are interested are encouraged to read Maiman's article.

For now, it's just a lawsuit in progress.

All of this is sure to be examined and re-examined as the appeals process floats on. The only sure thing in this is that the lawyers will make an enormous amount of money.

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