Student No. 9(1) v. Board of Education, No. 09046 (Mass. January 27, 2004)
The Massachusetts Supreme Judicial Court has refused to issue a preliminary injunction that would have barred the state from using the Massachusetts Comprehensive Assessment System exam as a graduation requirement until a class action suit challenging the exam on the grounds of racial/ethnic discrimination is resolved. The court indicated that to grant the requested injunction “would undermine educator accountability and hinder education reform.” While the ruling is a setback for the plaintiffs, their attorneys say their state constitutional challenge will go forward. However, state officials view the ruling as a signal that the plaintiffs’ claims are without merit. Massachusetts Education Commissioner David P. Driscoll said, “This historic decision ensures that no student will ever again graduate from a Massachusetts public school without the fundamental skills needed to succeed in this country.” The plaintiffs are amending their complaint to add claims that the test also discriminates against students enrolled in schools that have been declared “underperforming” by state and federal government. Although the suit was originally filed in federal court, it was removed to state court after a federal district court judge concluded that the claims were based on state, rather than federal, law.
Student No. 9(1) v. Board of Education, No. 09046 (Mass. January 27, 2004)
Full opinion: http://www.socialaw.com/sjcslip/sjcJan04q.html
Boston Globe
By Megan Tench
Full story: Click here