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Editorial: Students hurt by 'last hired, first fired' rule

Published: Wednesday, Jan. 4, 2012 - 12:00 am | Page 10A
Last Modified: Wednesday, Jan. 4, 2012 - 8:11 am

Layoffs are an unfortunate feature in these tough times – including in public schools. "Pink slip" season is coming upon us again, March 15.

California is one of only 15 states that require school districts to follow a "last in, first out" principle in budget-based layoffs. The newest teachers go first, based on seniority.

But the seniority rule is not absolute. The law does allow some exceptions – and the Sacramento City Unified district is using them. It is trying to keep newer teachers who have been specially recruited and trained to teach at seven of the city's most struggling schools.

That is a welcome change at the district's seven "priority schools" and should be expanded.

Not surprisingly, the Sacramento City Teachers Association is objecting. It lost an administrative judge's ruling in May and now has filed a civil lawsuit in Sacramento Superior Court.

"We just want to see everyone treated equally instead of some getting special treatment," SCTA President Scott Smith told Bee reporter Melody Gutierrez. "Basically, we are saying the way in which they skipped teachers was incorrect."

If the SCTA were to prevail, the school district would have little discretion in deciding which teachers to retain or lay off. The district's best interests couldn't be part of the equation – only the seniority of the teachers. The newest teachers would be let go, regardless of how effective they are in the classroom. And because the newest teachers tend to be the lowest paid, the district would have to lay off more teachers than if layoffs were balanced across the teacher corps.

The result is that many schools would experience no layoffs, while high-poverty schools would have to shoulder a cycle of turnover and instability that would add to their challenges.

Sac City Unified's priority schools already are showing dramatic improvement – in part because they have been able to avoid disproportionate layoffs of the newest teachers. As Superintendent Jonathan Raymond has said, the priority schools show it is possible to "make a big change, even in hard times."

As described in the latest lawsuit filing, SCTA believes the district "acted arbitrarily and capriciously and/or with prejudicial abuse of discretion" because some of the teachers hired at the priority schools after final layoff notices went out were junior in seniority to others.

Look, these are schools where teachers need more intensive training and time commitment to get results. If junior teachers have been trained and have built rapport with students at these academically struggling schools, the district should be able to build a culture of stability to make progress. They should be allowed to recruit and retain committed, effective junior teachers.

The union has pointed out that schools other than the seven priority schools also have diverse populations and high-poverty levels. These also suffer from layoffs of the newest teachers. That's true, but it's also an argument for expanding the definition of "priority schools," as opposed to restoring a seniority-only process for layoffs and rehiring.

While the last-in, first-out practice is particularly devastating for struggling schools, it is bad for all of them. Every school benefits from a mix of veteran and newer teachers and everyone involved wishes that layoffs were not on the table. Yet they are. The question now is how to best manage those unwanted cuts in the best interest of students.

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