As the Vergara v. California trial ends its fourth week, the most conspicuous absence from the plaintiffs list may be that of the man most responsible for bringing the education lawsuit — David Welch, the 52-year-old Silicon Valley entrepreneur and founder of Students Matter. His Menlo Park-based nonprofit initiated Vergara and is picking up all of the plaintiffs’ attorneys and PR fees — a bill that was running nearly $3 million even before Welch’s high-powered legal team first set foot in Los Angeles Superior Court for the trial.

Vergara was filed on behalf of nine students and seeks to erase nearly a hundred years of teacher protections from the state education code that were adopted to prevent discriminatory and capricious terminations. The suit claims that five statutes addressing teacher dismissal, seniority and tenure disproportionately harm minority students in high-poverty schools by making it too difficult to fire incompetent teachers.

Attacks on teachers’ workplace protections have become familiar spectacles in California and, as recently as 2010, plaintiffs in Reed v. California used a civil rights argument to override seniority-based layoffs in three Los Angeles middle schools. The forces behind Reed and similar causes is a coalition of free-market education partisans and like-minded privatization philanthropists, including the Gates Foundation, Los Angeles billionaire Eli Broad and Walmart’s Walton Family Foundation.

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Yet Welch and his nonprofit play a special role among a group of other nonprofits and personalities whose legal actions, school board campaigns, op-eds and overlapping advisory boards suggest a highly synchronized movement devoted to taking control of public education. The David and Heidi Welch Foundation, for example, has given to NewSchools Venture Fund, where Welch has been an “investment partner” and which invests in both charter schools and the cyber-charter industry, and has been linked to the $9 billion-per-year textbook and testing behemoth Pearson. Welch has also supported Michelle Rhee’s education-privatizing lobby StudentsFirst, most recently with a $550,000 bequest in 2012.

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