California Superior Court Judge holds that California's teacher tenure laws are unconstitutional
Source: Findlaw – Breaking Legal  Documents [By Adam Ramirez, June 10, 2014]
“California's laws on teacher  tenure, layoffs and dismissals deprive students of their constitutional right to  an education, a Los Angeles Superior Court judge ruled Tuesday, June 10,  2014.*
“The ruling is a serious  defeat for teachers' unions that overturns several California laws that govern  the way teachers are hired and fired. 
“The 16-page decision (see  Internet link below) may set off a slew of legal fights in California and other  states, where many education reform advocates are eager to change similar  laws.
‘There is ... no dispute that  there are a significant number of grossly ineffective teachers currently active  in California classrooms,’ Judge Rolf M. Treu wrote. ‘Substantial evidence  presented makes it clear to this court that the challenged statutes  disproportionately affect poor and/or minority students. The evidence is  compelling. Indeed, it shocks the conscience’
“Enforcement of the much  awaited ruling in Vergara v. California will be delayed pending an appeal by the  lawsuit's defendants, the state and California's two major teachers  unions.”
Court in New York State have  addressed efforts by a number of school districts to “eliminate  tenure.”
In Conetta v Patchogue-Medford  Union Free School District, 165 Misc2d 329, a New York State Supreme Court Judge  ruled that a school board could not refuse to grant tenure to a teacher who had  successfully completed his or her probationary period because it believed that  "that tenure at the elementary and secondary school level [in contrast to tenure  granted to college and university faculty] was essentially guaranteed job  security ... coupled with automatic salary increases." 
Similarly, in Costello v East  Islip UFSD Supreme Court** ruled that a school  board could not refuse to grant tenure to a teacher who had successfully  completed his or her probationary period. 
Apparently mindful of the Conetta  ruling, East Islip decided to take a different tack in an effort to avoid having  to give newly hired teachers tenure upon their satisfactory completion of  probation by adopting a resolution providing that all new teachers hired by the  School District were to be employed under individual contracts providing for  specified terms of employment. 
To emphasis the point, the  contracts included provisions intended to constitute "waivers" of the probation  and disciplinary rights provided to teachers in the Education Law. The court  noted that the characterization of the waiver as "voluntary" is questionable  since there was no indication that any teacher refusing to agree to such a  waiver would be hired.
The Appellate Division affirmed,  holding although East Islip was correct that a teacher's rights with respect to  tenure are waivable when the waiver is "freely, knowingly, and openly arrived at  without the taint of coercion or duress," this does not, however, give the Board  the authority to eliminate the tenure system altogether. 
Citing Carter v Kalamejski, 255  App Div 694, aff'd 280 N.Y. 803, the Appellate Division explained that “the  tenure system is a legislative expression of a firm public policy determination  that the interests of the public in the education of our youth can best be  served by a system designed to foster academic freedom and to protect competent  teachers from the threat of arbitrary dismissal.” In contrast, the court  observed that providing tenure by contract terminating automatically at the  expiration of the contract period as proposed by East Islip was “the very system  sought to be eliminated by the enactment of the tenure statutes of the Education  Law and the change to a system of permanence.”***
In Conetta, State Supreme Court  Judge Lockman suggested that if a school district wishes to stop granting  tenure, it could make such a demand in the course of collective negotiations  authorized by Article 14 of the Civil Service Law, the Taylor Law.  
*  The decision is posted on the Internet at:
** Costello v East Islip UFSD, Supreme Court [not  selected for publications in the official reports] Affirmed 250 A.D.2d 846. See,  also, Lambert v Board of Educ. of Middle Country Cent. School Dist., 174 Misc.2d  487,
*** In Yastion v Mills, 229 A.D.2d 775, the Appellate  Division decided that a teacher may work on a year-to-year contractual basis and  never acquire tenure even after three years of service. Orange-Ulster BOCES had  appointed Yastion to a federally funded position and his annual employment  contracts specifically indicated that "tenure does not apply to this  position."
.  
.