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Recent court decisions that have ramifications on school committee
governance/decision-making authority are highlighted below
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Appeals
Court Rules in Favor of Lynn Student Assignment Plan. |
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In its 3-2 decision released June 16, the 1st Circuit Court
of Appeals has backed the Lynn School Committee's voluntary
desegregation plan that considers race as a factor in student
transfers. Plaintiffs in the case are saying they may appeal
to the US Supreme Court. |
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SJC
REJECTS HANCOCK CHALLENGE |
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On
Tuesday, February 15, the state's highest court closed the door
on one of the longest-running school funding challenges in recent
history, rejecting the arguments brought by 19 MA districts
that the state was not meeting its obligation to provide adequate
education funding to low-income communities. In its 5-2 ruling
however, the court determined that in the years since the 1993
Education Reform Act was enacted the state has demonstrated
its constitutional charge "to provide a high quality public
education to every child." While noting that serious inadequacies
remain—thereby leaving the door open to future legal intervention—Chief
Justice Margaret Marshall held that the Commonwealth is "moving
ahead to address these deficiencies and continues to make education
reform a fiscal priority."
At a press conference following the announcement MASC President-Elect
Maurice Hancock, a member of the Brockton School Committee and
father of the lead plaintiff in the case, Brockton 11th grader
Julie Hancock, noted that it will now be up to the legislature
to remedy the inadequacies in funding that have resulted in
fewer resources and lower achievement in many of the state's
poorest communities.
MASC General Counsel Stephen Finnegan is currently preparing
an analysis of the Hancock ruling and its implications. Please
check your mailbox and the website for further updates on the
case. |
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SJC
RULES FOR MASC IN NEWTON HIRING CASE |
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The
Supreme Judicial Court, borrowing significantly from MASC's
perspectives and language as articulated in our amicus brief,
upheld the Newton Public Schools in the issue of hiring rights
and the grievability or arbitrability thereof.
In a compendium case involving Pittsfield, the SJC upheld a
ruling against the School Committee on procedural grounds but
reaffirmed the rights of school committees to set policy and
define the parameters of personnel practice so long as no one
interferes with the rights of principals or superintendents
to hire.
Both cases are attached on a single file, and we will have further
analysis for you after we get a chance to read the cases.
These decisions came down just a very short time ago.
MASC thanks Steve Finnegan for his efforts in this case.
To read the SJC decisions, click
here. |
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SJC
RULES IN SCHOOL COMMITTEE'S FAVOR IN STOUGHTON SUSPENSION CASE
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In
an important decision for which MASC had filed an amicus brief
in support of the Stoughton School Committee, the Supreme Judicial
Court upheld the right of a superintendent to suspend a student
from school if, in the judgement of the superintendent, that
student poses a threat to others. The SJC also noted that the
Superintendent of Schools of Stoughton followed the appropriate
process as required by the law in assuring due process to the
student. Moreover, the decision provides guidance to administrators
in future cases as to what due process standards may be. For
the full decision for DOE, et al. v. SUPERINTENDENT OF SCHOOLS
OF STOUGHTON click
here. |
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