ACLU sues city school district and state over teacher layoffs

The American Civil Liberties Union and other groups filed a lawsuit Wednesday on behalf of students at three of the city's worst-performing middle schools. The suit claims those students were denied their legal rights to an education and aims to prevent the Los Angeles Unified School District from laying off more teachers. 

The last round of L.A. Unified teacher firings led to chaotic conditions on some campuses that made learning nearly impossible, especially at Samuel Gompers, Edwin Markham and John H. Liechty middle schools, according to a complaint filed by the ACLU, Public Counsel and Morrison & Foerster. Between half and three-quarters of the teachers at those campuses were laid off last year, according to the class-action lawsuit filed in L.A. County Superior Court.

Because of a steep budget deficit, L.A. Unified officials issued thousands of layoff notices last year and are expected to order more this year. Citing state law, school districts typically dismiss teachers on the basis of seniority during budgetary shortfalls.

The cuts were especially devastating to Gompers, Markham and Liechty because administrators had recruited younger instructors who wanted to teach in the inner city. When those teachers were dismissed, they were often replaced by instructors who did not want to work in tough, urban schools, the suit alleges.

Many positions were also difficult to fill, so schools turned to substitutes, according to the lawsuit. Some of those teachers allowed the classes to turn chaotic or were unfamiliar with the subject matter. Several substitutes allegedly gave every student a "C" grade because they didn't know the material well enough to grade students.

Teachers at the schools also say that layoffs have led to wasted money. Kirti Baranwal, a seventh-grade teacher at Gompers, said she and three other teachers started a reading program last year. But the other two teachers were laid off, and Baranwal said she had to retrain new staff this year.

"It's a waste of time and money, and it leads to instability for the kids," she said.

Students at Gompers, Markham and Liechty do not have equal access to a quality education as students on other campuses, according to the suit, which also asks that no teachers be fired at the three middle school this year. L.A. Unified is facing a $640-million budget deficit, and officials have warned that teachers could be laid off. The district also has proposed furlough days and shortening the school year to close the gap.

Gompers and Markham are operated by Mayor Antonio Villaraigosa's nonprofit Partnership for Los Angeles Schools.

The lawsuit names the state of California and the school district as defendants.

-- Jason Song

Photo:   Principal Sonia Miller of Gompers Middle School talks with Elspeth Carden on her daily rounds. Liz O. Baylen / Los Angeles Times

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Comments

[Puleaze!]

Haters of the ACLU are the first ones to run to the ACLU when they feel their liberties infringed upon, "ACLU please help!" Rush Limbutt anyone?

[El Vergudo]

Again with "the immigrants"...

[no longer concerned]

Once again, this City's "leaders" can't do anything right. They all sell themselves out to Unions and other special interest groups and then wonder why they get upset when they don't do what they want. This is what happens when you have politicians taking money from whoever will help get them elected. The Unions all think that because they've paid off the right person that their constituents should be immune from cuts due to lack of cash. Hopefully LAUSD will learn to spend their huge amounts of money handed over to them a little more wisely in the future so that maybe layoffs won't be necessary every time there's a downturn in the economy.

[eve]

Kudos to ACLU for standing up for children's rights!

[Eve]

If it weren't for organizations like ACLU and unions, we'd have no rights or benefits! You all in the corporate world, keep on taking it and taking it. Salaries and benefits slashed--poor you. Allthough, like anyone else, bad teachers need to be fired.

[Scott]

I think that Kevin makes a good point just where do the parents fall in all of this and why aren't they being held to (ANY) standards at all?

[sbrown1001]

so this is how the committed teachers union protects its students. not very well obviously. Maybe they all should be fired like they did in rhode island

[Susannah2k]

Maybe the ACLU could, on behalf of LAUSD and U.S. states, sue Mexico for attempting to shift the burden of educating its children onto our country.

[MRoberts]

It's a fair point that these schools are disproportionately bearing the brunt of the cuts, given that they are staffed with younger teachers. But either you don't cut teachers' jobs, you cut younger teachers first, or you cut all teachers at the same rate, regardless of age.

Probably the most equitable solution is to cut teachers' positions relative to each school's total number of students at an equal rate, across all schools, regardless of the teachers' ages. So a school with younger teachers would get hit no harder than a school with older teachers. All schools would suffer the same degree of cuts. Obviously the teacher's unions would object to any such plan, with their rabid insistence on first-in, last-out, regardless of teacher performance or school quality. But at this point, I think most Californians understand that the teachers' unions are pernicious special interest lobbies that are only interested in helping teachers, not schools or students.

[worksalot2]

We need to end the tyranny of the conservative minority and take more certain steps toward solving this chronic problem by ending the anti-democratic legislative "2/3rds" rules for budget and revenue matters so we can start closing the tax loopholes enjoyed by corporate interests and the wealthiest among us. The California Democracy Act will eliminate the means by which a small minority of right-wing legislators -- who put the interests of corporations and the very wealthiest among us over the vast majority of those of us who call California home, who place the budgeting process into a state of gridlock year after year, and who block funding for education, social services and infrastructure we all need -- have done just that for more than thirty years now. Our proposition is simple, just fourteen simple words long: "All legislative actions on revenue and budget must be determined by a majority vote." To learn more about this geuinely grassroots effort or to sign the petition yourself, please go to http://www.CA4Democracy.com We are almost out of time to make this happen and California can't afford to wait to fix this problem, so please act now!

[Joseph W. Walden Jr.]

First off those who don't think poor schools impact the community think again, if city leaders think it ok ok to deny children an education in this country by race, region, or economy thier wrong.
The schools are failing not because of the parents or students but because city leaders are failing to invest in the school, the teachers, or community.
It's easy to point fingers, using myself as an example I was a new student in a local failing school.
My attendence for my 1st year was 4 days out of entire year, I was bullied by students, staff, deans so I simply left to avoid the violence.
Only one dean did not push or try to punish me, and took the time to sit me down to do my classwork.
Because I didnt have to confront threats I was able to complete that grade, sure they tried to run the school campus like a jail and that forced me out off campus because it wasnt safe.
The ACLU has every right to sue the city on the behalf students who want an education, and the city has no right to close schools to save your precious $640-million budget deficit.
If the ACLU wasnt involved Samuel Gompers, Edwin Markham and John H. Liechty middle school children would only recieve and education equivalent to 3rd world countries.
The writting on the campus wall is clear, now owe up to the city leaders creating this mess in the 1st place thru thier ignorance.

[JSA26]

I am amazed at suits like this. Let's see district is out of money, it needs to cut back.

What is the basis for this suit? Is it that once a government spends money at a certain level it can never reduce that level?

[Mary Jane]

I think you should all go and check out this site, it shows compensation for teachers. Not only look at compensation, benefits and days of work, this does not include pension plans that are bankrupting the economy everywhere. Union Reform need to happen now and we all should demand this from our new governor. Everyone ask your district to demand changes from their district teachers union, you might not be able to negotiate pensions but you could benefits.

As for the ACLU getting involve in this is a complete outrage! Who's going to pay for this lawsuit? SHAME ON YOU ACLU, SHAME ON YOU!!

http://www.ed-data.k12.ca.us/fiscal/TeacherSalary.asp?tab=0&level=06&ReportNumber=4096&County=19&fyr=0809&District=64733

[syscom3]

The liberals who have run this once great state into the ground are now starting to devour themselves!

I am actually laughing at them.

[Eileen]

Students at these schools had "unfilled" classrooms with no permanent teachers for months. Substitutes were cycled through for 20 days at a time (but not 21 because then the district would have to pay them "long-term status"). My students did the same chapters, same book-work assignments over and over again every time a new sub showed up. These subsitutes would assign a C to every student because they had no evidence that students were learning.

The teachers who wanted those unfilled positions were not given contracts even though there were vacant classrooms. Some teachers who were fired based on budgetary cuts (RIF'ed) returned to the school sites, but with the long-term status. I am one person who did this. I can be a long-term sub in my own classroom, but because technically people with more seniority have claim to my job, I will not be given a contract (even though those teachers clearly don't want to teach in Watts). My status means that the district doesn't have to pay them as much, provide sick pay, etc.

When these types of issues happen at schools with predominantly minority and low-income children, it is a civil rights issue. I understand budget cuts, but it is not fair to devastate already-struggling schools disproportionately.

[cga]

I am also a teacher at one of the schools mentioned. I was rif'd last year as a first year English Teacher. I took the job one week before school started after looking for a job for 5 months. I was hired as a long term sub. I was lucky enough to get my contract back after 2 1/2 months without pay or health benefits. I left a school close to my house and now travel 30 miles in L.A. traffic each and every day. My classes have been lucky to have had the same English teacher since the first day of school. Other classes have not been that lucky. It is difficult for the students to experience what they see as abandonment over and over again. Schools in these areas and all of the more "difficult" schools in the district were hurt more by the rifs than other "better" schools. And with the upcoming budget cuts, it will be worse next year.

[Business Management Classes Los Angeles]

I've noticed that all articles recently are about school- lay offs, being sued, budget cuts. wow! I'm glad that teachers are fighting back. Education is one of the most important things available to someone, you cant take that away!

[cooper]

Once again, the ACLU comes to the rescue of the poor minority kids who don't give a hoot about their education. They and their parents have no respect for any authority, rules, laws or this country. The mayor's takeover of the school was a joke. He only wants to appease his "own people". What a loser!

[LynnT]

Now that LAUSD is discussing the option of moving entire classes from A Basis (12 month employment) to B Basis (10 month employment), I have concerns about how seniority will be impacted. The question arises from the following which is taken directly from the Personnel Commission’s “Frequently Asked Questions Regarding Classified Layoffs” document, which can be found on their website:

Q: Are bumping and reemployment rights based on the number of total hours worked or the original hiring date?

A: Seniority in a job classification is based on the first date of hire in regular status in the employee’s class. In the event of periods of unpaid time, seniority is reduced equal to the period of unpaid time.

If my class is impacted by the rumored move to B Basis, then does it follow that my seniority in my previous positions will be impacted as well? If that is the case, then the incumbents in any previous position I’ve had that remain on A Basis will be gaining, and potentially surpassing, my seniority level.

So in a number of cases, if some individuals could choose a voluntary demotion to a different, previously held, position that is being identified as A Basis, then these individuals stand to lose less money and retain more of their annual income, rather than remaining at their current position that is being transferred to B Basis. So the irony lies in the fact that people take a voluntary demotion but end up with more money, but in doing so, lose their seniority at their current position which is changing to 10-month employment. So in the event that any positions are restored from B Basis back to A Basis, someone who took a voluntary demotion due to financial reasons, may not be able to be promoted back to his/her original position because they’ve lost their seniority by choosing to drop down a level.

In a time where the budget crisis is impacting everyone in education, and hard choices are being made, it seems prudent that we expect those individuals who are charged with making these difficult choices to consider the entire picture of how the A Basis versus the B Basis will impact current and future positions. It is imperative that the Personnel Commission and the Superintendent examine and establish the parameters that will ultimately impact the affected employees BEFORE A and B Basis is determined. The Personnel Commission and the Superintendent should be factoring in seniority and transferable seniority, the impact of voluntary demotion, and that perhaps total numbers of hours worked should not be a factor when summarily dictating seniority. Whatever resolution is reached, what is the most critical is how these parameters are communicated to all employees, so that informed decisions on the part of LAUSD employees can be made.

[TAM]

LAUSD changed the rules for getting an education. The schools need a dress code for students, staff, and faculty. Go back to old rules for student conduct, and let the students know they are to learn. If LAUSD does not change we need a refund for our tax dollars with interest. If the schools are not funded they would get their act together, and fast. Since the students, and the schools are not doing their job, there is no need to fund them.

[Kim]

We can continue to blame local school districts but the problem is CTA, the California Teachers Association. Every effort at reforming layoff and dismissal rules so that they make sense and protect students over union members fails miserably because they exercise their considerable political muscle on well-intended lawmakers. If constituents demanded change and held lawmakers to account, their voices might carry more weight than CTA. But while we are all fighting on the lower playground, the real school bully runs amuck in Sacramento. Shame on US!

[OC resident]

It isn't just in LA teacher layoffs are happening everywhere across the board in all kinds of neighborhood. My children attend an elementary school in Newport Beach and half of the teacher are being laid off as well. It is the Teachers union dictating to the district who goes and who stays by seniority not merit. The teachers union in Ca is part of the problem with the state funding. Where can you work today and have full medical, dental vision for yourself and your dependants AND have a full retirement? I don't want the cuts either but seems like the teachers are reaping what they sew. How can we get the money to the schools and educate our children?