A new contract between Minneapolis Public Schools (MPS) and the local teachers’ union stipulates that, in the event of staff layoffs, white teachers will be the first to be dismissed.
The agreement, which was first reported by Alpha News, outlines that starting in the Spring 2023 budget cycle, when a teacher from an underrepresented population is at risk of being laid off, the district will instead lay off the least senior teacher who does not belong to such a population. Minority teachers will also be given priority for reinstatement, and may be exempted from district-wide layoffs outside of seniority order.
Additionally, teachers working in 15 “racially isolated” schools, characterized by high levels of poverty, will be shielded from layoffs.
The contract cites past discriminatory hiring practices by the district, which it claims led to a lack of diversity among the teaching staff. The agreement is presented as a corrective measure, though critics argue that it introduces a new form of discrimination aimed at addressing past wrongs.
Legal Concerns and Opposition
Legal experts have expressed strong concerns about the constitutionality of the measure. Hans Bader, a constitutional lawyer, asserts that the policy violates the rights of white teachers. Referring to the 1996 Third Circuit Court ruling in Taxman v. Board of Education of Piscataway, Bader argues that schools cannot use race as a determining factor in layoffs, even to promote diversity. He also cites the 1989 Supreme Court case Wygant v. Jackson Board of Education, which ruled that a school district cannot lay off white teachers to address societal discrimination against Black individuals.
James Dickey, senior trial counsel at the Upper Midwest Law Center, has announced his intention to challenge the policy and encourages affected teachers or taxpayers to reach out for legal support.
Union Defends the Policy
Despite legal challenges, the Minneapolis Federation of Teachers stands by the contract. Edward Barlow, a member of the union’s executive board, described the agreement as a “huge move forward” for the retention of teachers of color. He also mentioned that schools in other states are looking to replicate the model.
At this time, no white administrators at Minneapolis Public Schools have offered to voluntarily resign or be laid off under the new policy.