Use existing laws to address teacher quality

Abstract

The focus on using the courts to abolish tenure is a distraction from the important work of improving teacher quality. Unfortunately, the recent decision of Vergara v. California has only perpetuated the mistaken notion that only after tenure is abolished can underperforming teachers be removed. But the authors contend that administrators, including those in states with tenure statutes, have all the tools at their disposal to terminate poor performing teachers. Toward this end, the authors describe several recommendations based on their extensive professional experience in the law. Significantly, these suggestions come from three different professional perspectives: a union-side attorney, a school district attorney, and an education law professor.