SJC: JANE DOE vs. SECRETARY OF EDUCATION

KeywordsEducation, Charter school. Education Reform Act. Constitutional Law, Education, Equal protection of laws, Standing. Jurisdiction, Constitutional question, Declaratory relief. Declaratory Relief. Practice, Civil, Declaratory proceeding, Standing

In the SJC’s decision issued today in JANE DOE vs. SECRETARY OF EDUCATION, the Court summarized its decision as follows:

“Five students who attend public schools in the city of Boston filed a complaint in the Superior Court against the Secretary of Education, the chair and members of the board of secondary and elementary education, and the Commissioner of Education (commissioner), alleging that the charter school cap under G. L. c. 71, § 89 (i), violates the education clause and the equal protection provisions of the Massachusetts Constitution because the students were not able to attend public charter schools of their choosing.  A judge of that court allowed the defendants’ motion to dismiss.  We affirm the judgment of dismissal and conclude, as did the motion judge, that the plaintiffs have failed to state a claim for relief under either provision.”   Justice Budd wrote: “The education clause (in the Massachusetts Constitution) provides a right for all the Commonwealth’s children to receive an adequate education, not a right to attend charter schools.”  Click here for the full text of the Court’s decision.

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