the decision is being appealed, so the order is stayed pending the outcome of the appeal.
this article is a little better; the writer actually concedes that the tenure system in CA doesn't make sense... tenure is awarded too early, and over a year (after 2 years in CA) before the national avg. (3.1 years). typically, it takes 2 years for teachers to get up to speed & therefore fairly evaluated. and that being said, the reasonable outcome would be to amend CA's rules to make tenure earned later in the career, not to strike it completely, and the judge's decision is far overreaching for that reason.
the basis for tenure:
Tenure has existed in K-12 public education since 1909, when ?good-government? reformers borrowed the concept from Germany. The idea spread quickly from New Jersey to New York to Chicago and then across the country. During the Progressive Era, both teachers unions and school-accountability hawks embraced the policy, which prevented teaching jobs from being given out as favors by political bosses. If it was legally difficult to fire a good teacher, she couldn?t be replaced by the alderman?s unqualified sister-in-law.
but of course, if you're looking to gut unions so you can put charters in place, and your stupid, unsupported-by-evidence-but-well-rewarded by government-handouts-to Michelle-Rhee mandatory testing standards that allow you to fire teachers and close schools that underperform (and tend to be located in poor parts of town, heavily segregated...) this decision that ends tenure, period, is fantastic.