With post-trial briefs in, Vergara 90-day clock starts ticking

Judge Rolf Treu Vergara

Judge Rolf Treu

Just in case Judge Rolf Treu might have missed anything during the two months of Vergara v. California, a battle over teacher employment protections that concluded last month, the parties filed their post-trial briefs yesterday, each making one last effort to influence Judge Treu’s decision.

At issue are five state laws that govern tenure, dismissal and seniority. Defendants want to keep them. Plaintiffs want them struck down. He now has 90 days to decide who wins.

Each side echoed the same themes from closing arguments:

“In two months of trial, Plaintiffs proved that the Challenged Statutes are creating vast and unjustified inequalities in the educational opportunities being afforded to students across California,” lawyers for the nine student-plaintiffs wrote.

“It is remarkable that after a month of testimony from twenty-two different witnesses, Plaintiffs have been unable to answer the most basic questions surrounding their theory that the Challenged Statutes cause the hiring and retention of ‘grossly ineffective’ teachers in California public schools,” said lawyers for the state.

“After a lengthy trial, Plaintiffs are entirely unable to prove their unprecedented equal protection claims,” said lawyers for the intervenors — the California Teachers Association (CTA) and the California Federation of Teachers (CFT) — who joined the state in defense.

The entire 30-plus page filings can be found here (plaintiffs), here (defense) and here (intervenors).