Teachers union loses lawsuit
John Miller | Hagadone News Network | UPDATED 13 years, 1 month AGO
BOISE - An Idaho state court on Friday upheld the portion of public schools chief Tom Luna's education reforms that weaken teacher negotiating power, ruling against a legal challenge from the Idaho Education Association.
The measure that passed during the 2011 Legislature phases out some teacher job protections, limits collective bargaining to just salaries and benefits and dumps seniority as a factor in layoffs. It also requires union negotiations to be held in public.
The teachers union had been fighting these changes, arguing they are an unconstitutional attack on educators' rights. It now says it will appeal.
Fourth District Judge Timothy Hansen ruled that the law known as Senate Bill 1108 passes constitutional muster, including its provisions that limit labor agreements between school districts and teachers to just a single year.
Luna contended during the 2011 Legislature that such restrictions were necessary to shift more control to school boards to make hiring and employment decisions, while the union argues it illegally undercuts protections for its members.
In his 18-page decision, Hansen wrote that such intervention by the state may well impair contracts, but that it "is both reasonable and necessary to the legitimate purposes furthered by SB 1108," he said. "As noted above, one of those purposes is returning decision-making power to local school boards."
Luna cheered Hansen's ruling, as did Gov. Butch Otter, with both elected leaders contending this is another step in helping improve Idaho's educational system.
Among the other changes in Luna's "Students Come First" reforms: Introducing merit pay for teachers and shifting money from salaries to classroom technology like laptop computers and online education.
"The Legislature did the right thing, and now so has Judge Hansen," Otter said in a statement. "That's welcome news. But we recognize this issue and the fate of Students Come First will remain in the courts - including the court of public opinion. Superintendent Luna and I are confident that Idaho citizens understand what's at stake."
Otter is alluding to union-backed measures set for a vote in November 2012 in which foes of Luna's sweeping education reforms will ask Idaho voters to overturn them after gathering enough signatures earlier this year to put them on the ballot.
Following Hansen's ruling Friday, Idaho Education Association lawyer Paul Stark said the group plans to appeal the decision to the Idaho Supreme Court.
"The Idaho Education Association appreciates Judge Hansen's expedited decision that allows the parties to have the issues presented to the Supreme Court as soon as possible," Stark wrote in a statement.
Stark added his organization is also looking forward to making its case to voters ahead of the November 2012 election.