In New Jersey, school districts must lay off teachers based on seniority, regardless of performance in the classroom
TRENTON -- A group of Newark parents has lost a legal battle to overhaul the way public school teachers in the state are laid-off -- dealing another blow to education reform groups that have tried to dismantle similar protections across the country.
In New Jersey, school districts must lay off teachers based on seniority, regardless of performance in the classroom.
On Wednesday, Superior Court Judge Mary J. Jacobson dismissed a lawsuit filed by six Newark parents who argued the last-in-first-out rule for teacher layoffs violated constitutional rights of the students.
"It was a tough loss today for sure, but we need to remain vigilant and make sure that civil rights and education are put at the forefront of this debate in the state and in this country," said Ralia Polechronis, executive director of the Partnership for Educational Justice, which helped organized the lawsuit. "I think they really took a valiant step forward."
The teachers union lauded the ruling and reiterated that students need experienced teachers in the classroom.
"This dismissal puts a fine point on the need to keep experienced teachers in schools rather than find ways to undermine and fire them," Donna Chiera, president of the American Federation of Teachers New Jersey said in a statement.
Newark Teachers Union President John Abeigon told NJ Advance Media, eliminating seniority protections would allow districts to fire the most veteran -- and highest paid -- teachers to appease budgets.
"We know that experience makes a difference," he said. "These schools are already stretched thin by years of underfunding, adding instability by removing experienced teachers would only hurt students."
Abeigon added that there is no evidence to show how the law is hurting kids.
"The plaintiffs were about ideology not evidence," he added.
Parents and their attorneys argued that last-in-first-out rules were impairing the district's ability to place the most qualified teachers in classrooms and forcing the district to match teachers with schools that weren't the best fit.
Newark spent millions on a pool of "educators without placements" who were languishing without assignments. Most of the teachers were displaced by school closures, poor performance or ongoing tenure charges. In the last two years, the district reduced the pool to less than 100, returning many educators to the classroom to fill vacancies.
"The fact that the statute exists is limiting the remedies that are offered to the district," said Kathleen Reilly, an attorney representing the parents. She said whether or not a district must layoff teachers, children are still negatively affected.
"They are putting these teachers back into the classrooms in order to fill these empty places ... they may not be the right fit for that particular classroom," she said.
Newark Schools Superintendent Christopher Cerf told NJ Advance Media in a statement that he supported changing LIFO.
"I believe that the effectiveness of the teacher should always be the priority in determining who educates our schoolchildren, rather than the quantity of years a teacher has been in the classroom," he said.
The judge dismissed the case without prejudice, which means she'd consider hearing the complaint again if new facts arise.
"I don't think these parents want us to move on," Reilly said.
Karen Yi may be reached at kyi@njadvancemedia.com. Follow her on Twitter at @karen_yi or on Facebook.
