Alaska and Vergara v. California: Evaluating the Constitutionality of Teacher Tenure in Alaska

by M. Rebecca Cooper

Click here for a PDF file of this article

Abstract

In the summer of 2013, California’s teacher tenure statutes were found to violate the equal protection clause of the state’s Constitution. The statutes called for tenure to be granted after two years of teaching, contained significant due process protections in case of dismissal, and required that new hires be laid off before teachers with tenure. The group that brought the lawsuit, Students Matter, is considering filing lawsuits in other states. This Note examines Alaska’s tenure statutes to assess the state’s vulnerability to a copycat lawsuit. While most of Alaska’s tenure statutes seem safe from challenge, the state should evaluate its tenure system to determine if it is leading to the best outcome for students.

Alaska and Vergara v. California: Evaluating the Constitutionality of Teacher Tenure in Alaska

by M. Rebecca Cooper

Click here for a PDF file of this article

Abstract

In the summer of 2013, California’s teacher tenure statutes were found to violate the equal protection clause of the state’s Constitution. The statutes called for tenure to be granted after two years of teaching, contained significant due process protections in case of dismissal, and required that new hires be laid off before teachers with tenure. The group that brought the lawsuit, Students Matter, is considering filing lawsuits in other states. This Note examines Alaska’s tenure statutes to assess the state’s vulnerability to a copycat lawsuit. While most of Alaska’s tenure statutes seem safe from challenge, the state should evaluate its tenure system to determine if it is leading to the best outcome for students.