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Are racially motivated firings of Minneapolis teachers legal?

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In an attempt to correct “past discrimination,” Minneapolis Public Schools and the Minneapolis Federation of Teachers mutually agreed that white teachers would be fired or reassigned before lower-level teachers.

In response to the criticism, the school district issued a statement defending the language of the negotiated collective bargaining agreement, according to This is reported by the Washington Times.

“To address the lingering effects of past discrimination, Minneapolis Public Schools and the Minneapolis Federation of Teachers (MFT) have mutually agreed to contract language that aims to support the hiring and retention of teachers from underrepresented labor market and community groups. served by the school district,” according to an email from the school district to the Washington Times.

According to the contractpast discrimination by the district has disproportionately impacted the hiring of underrepresented teachers in the district relative to the relevant labor market and community, resulting in a lack of teacher diversity.”

The agreement states that a clause in the district’s most recent collective bargaining agreement with the teachers union will no longer apply if the district’s teachers reflect the diversity of the labor market and community.

Some legal experts question the constitutionality of racially motivated firings.

James Dickey, a senior staff attorney at the Upper Midwest Law Center in Minneapolis, told the Washington Times, “The school district and the union should know that what they did is illegal and will be reversed.”

The center “fights to limit the excesses of government, special interests and public unions,” according to it Twitter account.

Hans Bader, a former U.S. Department of Education attorney, said race-based firings violate the Constitution and the Civil Rights Act, citing a 1996 case in which the Third Circuit Court of Appeals ruled that school districts “cannot treat race even as a tie-breaker “, the Washington Times reports.

In accordance with Bader’s articlea 1986 Supreme Court decision held that “a school district may not fire white teachers to remedy societal discrimination against blacks.”

The labor agreement was reached in the spring of 2022 after a three-week teacher strike at the start of the school year.

The provision won’t take effect until spring 2023 and could be implemented as the school tries to balance its next budget ahead refusal to enroll.

Each district department’s budget was cut by 5% under the budget approved by the school district in June, meaning the number of vacant positions will not be filled, according to Star tribune.

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