First Amendment

Hogan Lovells’ new client memorandum on this trial court decision is a must read. Plaintiffs in this case charged that 5 statutes governing teacher employment (tenure, seniority, etc.) violated the state constitution’s guarantee of equal educational opportunity. The trial court found ruled in the plaintiffs’ favor. The court found that the tenure and seniority system imposed a real and appreciable impact on the student’s fundamental right to an education because it allowed grossly ineffective teachers to continue teaching and undermine the ability of a child to succeed. Although the opinion has been criticized in some quarters, Secretary of Education Arnie Duncan has praised the decision. Districts should read this case now to understand that similar challenges may be raised in their state.