Skip to comments.Jindal education reform: one section of four ruled unconstitutional (Jindal wins, tenure gutted)
Posted on 12/18/2012 1:43:58 PM PST by abb
Gov. Bobby Jindal's education overhaul had another day in court Tuesday, as Baton Rouge area Judge R. Michael Caldwell upheld three sections of Act 1, all dealing with teacher tenure and salary.
One final section, dealing with local superintendent involvement with school board decisions, was ruled unconstitutional because it was not closely enough related to the other aspects of the bill.
Jindal called the ruling "a victory for students and teachers," and said it upheld "the core purpose of the law -- rewarding effective teachers and supporting ineffective teachers who want to improve."
Under the Louisiana constitution, any bill brought before the Legislature must contain only one "aim or purpose of enactment." This provision is called the "single object" rule. The bill must also have a title that properly describes this "aim."
Caldwell ruled Tuesday three of four parts of Act 1 fell within the bill's title, "TEACHERS: Provides relative to teacher tenure, pay-for-performance and evaluations."
However, Caldwell said Section 1 of Act 1, which shifted some powers from school boards to the local superintendent and created performance targets for failing schools, was unconstitutional because it was not closely enough related to teacher tenure, pay-for-performance or evaluations.
Caldwell said Section 1's relation to the rest of Act 1 required "a long, tenuous and convoluted journey that this court is not willing to make."
(Excerpt) Read more at nola.com ...
Yup, for a change. Go Bobby!
I’ve had my complaints about Jindal since he first took office in 2007, but on this, I’m with him 100%. The teacher’s union HAS to be dismantled.
What about hardcore liberal indoctrination in our public schools ,,, that’s a REAL BIG PROBLEM Bobby ,, are you going to confront that ???
An expanded voucher program was pushed through last session of the legislature by Jindal, too. Predictably, the teacher’s union sued. The district court ruled a couple of weeks ago for the union, but did not enjoin the act.
Jindal is appealing to the circuit court.
That's awesome- a clause like that in the US constitution would be the end of earmarks and pork-barrelling.
The single most potent threat to the leftist agenda is a voucher program. The idiot lefties have for the longest time pinned their hopes of dumming down America on the indoctrination of the public schools.
I cover the local school board here in Ruston, LA (Lincoln Parish) with my local newsblog. Mention vouchers around any of the educrats, and they go ballistic.
Vouchers are taboo ,,, you see if you granted parents vouchers the liberals would lose control of those tender little minds . The average cost per student in my state is about $14,000.00 and they refuse to give even a $4000.00 voucher ,, keeping the other 10 grand for what ever . So you see ,, it ain’t about the money ,, it’s about CONTROL .
Of course! Vouchers are a double wammy. Less students equals less beuracrats and teachers paying union dues; and more students not being taught that "Heather has Two Mommies."
FOR IMMEDIATE RELEASE
Contact: Public Affairs, (225) 342-3600, Fax: (225) 342-0193
STATEMENT FROM STATE SUPERINTENDENT OF EDUCATION JOHN WHITE
Reference: Act 1 Ruling
BATON ROUGE, La. - State Superintendent of Education John White issued a statement today concerning District Judge Mike Caldwell’s ruling on Act 1:
“This ruling upholds an important step taken by our state’s legislature to protect every child’s right to a great teacher. As a result of this landmark legislation, school boards statewide have made bold changes to their layoff and compensation policies that will keep good teachers in the classroom. We await the specifics of the ruling, and we encourage all districts to maintain the reforms they have put in place.”
# # # # # #
State and Government controlled schools will never address this, they are hard core liberals. Home schooling does this just fine.
Here’s the nut of the new law that was upheld in court yesterday.
While teachers who acquired tenure prior to the new laws enactment retain that tenure today, after July 1, 2012, tenure (job security) is granted only to those teachers who are rated highly effective for five years within a six-year period.
And, the new law says, A teacher paid with federal funds shall not be eligible to acquire tenure.
In addition, A teacher who is not awarded tenure remains an at-will employee of the public school board.
Beginning with the 2013-2014 school year, the new law says a tenured teacher who receives a performance rating of ineffective pursuant to the performance evaluation program shall immediately lose his tenure.
And the new law states: No employee hired on or after July 1, 2012, shall be eligible to acquire permanent status.